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Rent Urgent

Hi guys

I currently rent a property, for the 1st 6mths the landlord did this trough the estate agent, after the first six months we extended this for another 6 mths. a month ago we wrote to the landlord and stated we didnt want to extend our lease. We hadnt heard anything from her and our lease is up in 3 days time so we wrote a letter to her and sent it recorded delivery this time.

She has called to say we owe her 1 mths rent as she never got the first letter and is going to charge us another months rent due to her not recieving our first letter?

What can we do? as far as we are concerned we sent the first letter then followed this up. However we havent signed anything to say we want the house for the next 6mths and to be fair we got a letter only today to sign to say if we wanted the lease for a further 6mths?

what can i do as shes turning nasty

Comments

  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    did you get proof of postage for the first letter you sent ?
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 7 July 2010 at 6:18PM
    If it is the end of the fixed period of a lease you do not need to give notice.

    Edit to add:

    Sorry, that was a bit of a short reply, let me elaborate.

    Firstly, post the same question at landlordzone forums if you want a second opinion.

    Secondly, check to see if you have ever been served with a section 21 notice, sometimes landlords do this at the beginning of tenancies. If you have, that counts as the LL giving notice to you anyway.

    Finally, as I stated if you are coming up to the end of a fixed-term AST you do not need to give notice, although it is polite to do so. If you are in a periodic tenancy or invoking a break clause then you should give notice to coincide with rent dates.

    Even more finally (editing again!), paragraph 2 here answer you.

    http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_fixed_term_agreement
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    "we extended this for another 6 mths"

    So you are coming to the end of a (2nd) fixed term contract.

    You can simply leave when the fixed term is up. As Prince says above, no notice is needed.

    However if you stay just one day beyond the fixed term, you will automatically create a periodic tenancy and will then have to give a month's notice to coincide with rent dates.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Remember that a month runs from, say, the 16th to the 15th NOT from the 16th to the 16th. If you ever do need to serve notice to quit in future be aware that it is your responsibility to ensure the notice has arrived with your landlord not simply been posted.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • tbs624
    tbs624 Posts: 10,816 Forumite
    edited 9 July 2010 at 1:59AM
    G_M wrote: »
    "However if you stay just one day beyond the fixed term, you will automatically create a periodic tenancy and will then have to give a month's notice to coincide with rent dates.
    Finally, as I stated if you are coming up to the end of a fixed-term AST you do not need to give notice, although it is polite to do so. If you are in a periodic tenancy or invoking a break clause then you should give notice to coincide with rent dates.
    It sounds as though the OP has signed for a second fixed term but following your point, norice has to tie in with the "rental period", which may not necessarily be the same as coinciding with the actual "rent due" dates.
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