tenancy notice issue

smiles345

I'm renting a flat and the tenancy period ended on the 12th september 2008. now i'm moving location and asked the agency that i'm vacating on the 111th of january. the letter was sent on the 18th december. now, they says if i vacate on the january , i still have to pay the february rent. in the beginning they said the contracts says it will roll on after it orginally ended in sept 2008. but i pointed out that the contract doesnt says that it will roll on . then they said its in the welcome letter. i never received any welcome letter apart from contract. what is the solution? can i still leave on jan? do i need to pay the feb rent. the contract doent says this. thanks in advance

Colincbayley

You need to provide one full clears months notice to expire on the last day of a rental period.

Your post is not really clear ( 111th Jan!! ) but if I have the correct idea then I am afraid that the agent is correct. Sorry.

smiles345

sorry for not have the clear picture. my tenancy contract ended on the 12th september 2008. but i still live in the same flat. i have given the notice to the agancy that i'm leaving on the 10th jan . my rental amount goes every 12th in advance,

they said i should have given the notice on the december 11th and that i have to pay the february rental as well. i said the contract have expired and it doesnt say that i have to give one month notice after the contractual period.

finally they says its not on the contract that it will autmatically get rolled on but its in the welcome letter. i havent got any welcome letter from them. can still leave jan ? please reply

adg1

smiles345 wrote: »

Finally they says its not on the contract that it will autmatically get rolled on but its in the welcome letter.

Your tenancy, if you don't sign a new fixed term (you don't seem to have done from your post), will automatically become a statutory periodic tenancy under the same conditions as your original fixed term AST. The only difference is that you have to give 1 months notice to leave, to expire on a rental due date and the landlord 2 months notice.

In essence the agent is right that you haven't given the correct notice period to expire on the 12th Jan. I'm not 100% sure if they can charge you for the full Feb rent, or whether you can come to an agreement to pay them the week or so rent in full to leave on the 18th.

Otherwise, you may well have to stump up February's rent as you offered notice too late. If thats the case, send a recorded delivery letter (or hand deliver and get a receipt) offering to leave on the 12th February as this is the end of a rental period.

Someone will be along soon to expand on the last bits I'm sure.

Pitlanepiglet

adf1 is right, it automatically becomes a periodic tenancy under the Housing Act legislation, it doesn't matter whether this was put in any agreement or in a letter, it's what the law says.

I'm not convinced that the tenant's notice has to end on a period of the tenancy (rent day). The LL's certainly does but I think it's just assumed that the tenant's notice is the same .

Have a look here http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreement

This indicates one months notice and says it is "best if it ends on a rent day". I'd be temped to give Shelter a call.

Colincbayley

Pitlanepiglet wrote: »

adf1 is right, it automatically becomes a periodic tenancy under the Housing Act legislation, it doesn't matter whether this was put in any agreement or in a letter, it's what the law says.

I'm not convinced that the tenant's notice has to end on a period of the tenancy (rent day). The LL's certainly does but I think it's just assumed that the tenant's notice is the same .

Have a look here http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreement

This indicates one months notice and says it is "best if it ends on a rent day". I'd be temped to give Shelter a call.

Any notice to quite must expire on the last day of a rental period, so in this case the 11th of the month.
A periodic tenancy is a monthly rolling contract that goes month to month to month until such time as the tenant gives one full clear months notice or the LL give two.
In the OP situtation, the notice period will expire on 11th Feb 2010 and they are liable for the rent up until that date unless the LL agrees otherwise.

tbs624

Pitlanepiglet wrote: »

I'm not convinced that the tenant's notice has to end on a period of the tenancy (rent day). The LL's certainly does but I think it's just assumed that the tenant's notice is the same .

Don't assume that "rental period" necessarily mean the period between rent days. Under a stat periodic agreement, the rental period runs from the day after the expiry of the original Fixed Term: this may or may not coincide with the day on which the rent falls due.

Pitlanepiglet wrote: »

Have a look here http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreement

This indicates one months notice and says it is "best if it ends on a rent day". I'd be temped to give Shelter a call.

I think you have misinterpreted : see "It is always best to give notice in writing and ensure that the notice ends on the first or last day of the period of a tenancy."