AST Periodic Tenancy Notice given...rent refund?

mell242

Hope someone can help.
We were given notice back in June from our letting agents that the landlord wants possession of our rental house on the 16th September 2010. We have since found somewhere else to rent and can move in on the 3rd September.

Is it possible that we can give one month's notice ourselves? This would mean that we were leaving earlier than asked to. Our rent is due on the 26th of the month. Would we be entitled to a refund on the days we were not in the property as we pay a month in advance.

Thanks!

N79

Legally no because your notice must end on the last day of a rental period - the 16th of Sept - just like your LL's (assuming that the 16th is the last day of a rental period).

If you want a legal check on the validity of your LL's notice then we need to know the date the tenancy started, the length of the fixed period and the frequency of your rental payments.

Whatever the outcome, there is nothing to stop you asking.

mell242

If we left on the 26th (day our rent is due) then we would not have had to pay for the month we weren't there, surely?
The letter that came with the notice said we were welcome to give a month's notice. How realistic is it that people leave a property the day before their next month's rent is due?

N79

Rent due date is irrelevant. The law allows tenancies with a whole number of tenancy periods only. No part periods are legally allowed. Obviously if LL and T negotiate a mutual agreement then so be it.

NB you don't have to be in residence to the last date of the tenancy but you are liable for rent until this last day.

mell242

Will give agents a ring now to clarify. I'm sure in the past that I did get some rent back from our last agent, will check though.