Giving notice on rented property - help

Kellerina

In my contract it states I have to give one months notice when wanting to vacate the property. I have just been told that as my anniversary date is the 10th of the month and have missed that by 2 days that if I hand it in now I will be responsible for the property until the 10th June, not one calendar month from now?!!!

As far as I understood from previous lettings, if you give notice between your anniversary dates, then you just pay a proportion of the rent for those days after the anniversary date.

I have been told that if I state in my notice that I want to vacate in one months time they will take it to Head Office who will then take it to the landlord for his decision.

Please help anyone as trying to move in with boyfriends parents to start saving for deposit not pay more rent in freezing flat!!!

nikki_angel

I'm afraid that is correct but there is no harm in waiting for the landlord's decision. He may already have new tenants in mind.

Kellerina

Brilliant thanks, I rented quite a few properties and never had this before, if I'd had known I'd have got my notice in sharpish! Cheapskate landlord

PasturesNew

As has been said in #2, what you've been told is "the letter of the law" and it is the landlord's decision if they'd let you off and let it be a month's notice from the date you gave it.

A lot of landlords will accept "a month's notice from the date given" if you've been there some time already or if they want it back asap (perhaps to market it soonest at a higher rent).... so it's always worth asking.

Kellerina

Thanks all, great help as always! Will get the letter written and plead me case Fingers crossed, then save for mortgage deposit

tbs624

Kellerina wrote: »

Brilliant thanks, I rented quite a few properties and never had this before, if I'd had known I'd have got my notice in sharpish! Cheapskate landlord

No, not "cheapskate LL" , but a T who doesn't understand her tenancy agreement.

As you refer to an "anniversary date", are you saying that your original Fixed Term contract was for 12 months? Once outside your Fixed Term if you remain in occupation of the property you have to give one month's notice and the LL has to give you 2 months'. It is standard for Notice periods to coincide with the rental period - a LL may choose to do things differently , especially if a new T is already lined up, but they do not have to and it's irrelevant what happened in your previous tenancies.

Kellerina

No I was not meaning cheapskate in that sense, don't even get me onto that, he really is one. When a flat is unliveable for most of the winter due to unsuitable heating, the landlord really doesn't care.

I was on a fixed term 6 month contract which then rolls on a month by month basis, this is how my letting agent works. The "anniversary date" I refer to is the date I signed my contract, i.e. the 10th of each month.

I have let another property through this agent and my notice was a calendar month from the date I gave my notice. As far as I can see there is no mention in my contract about the notice having to be in by the anniversary date in order for the months notice to count

Jowo_2

Here is the advice from Shelter about ending a periodic tenancy. Notice must be timed to expire with the rental period. This is part of housing law - its not going to form part of the contract because it relates to how to end a tenancy after the original contract has elapsed.... A tenant on a periodic tenancy can give notice whenever they like but there is a timing issue to consider about its expiration. Ending a periodic tenancy isn't done by giving the landlord a calendar months notice.

[FONT=times new roman,times]http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreement[/FONT]

Kellerina

Thanks that really helpful

sooz

Kellerina wrote: »

Please help anyone as trying to move in with boyfriends parents to start saving for deposit not pay more rent in freezing flat!!!

The replies above are correct assuming you are in England & Wales.
Are you, or perhaps elsewhere where it is 'freezing' in May & June?

lizzielondon

Kellerina wrote: »

I have let another property through this agent and my notice was a calendar month from the date I gave my notice. As far as I can see there is no mention in my contract about the notice having to be in by the anniversary date in order for the months notice to count

you have an AST- the contract does not need to mention it because it's stipulated in the housing act