Can I give notice if I've already been given notice?

PasturesNew

It's always been a bit of a b4st4rd like that. The LL can give you 2 months' notice ... and you can give 1 month's. But, if they give you the 2 months' notice and your contract says your notice is "as per rent date", then you can't give any notice that will allow you to leave before their notice date.

It's a s0d really that when they issue a S21 the tenant can't just give a straight 2 weeks' notice at any time....

Morgan_Ree

Eric1 wrote: »

Sorry, I meant your notice should expire on the same date as your rental period, presumably 27 (if the rental agreement says so), but their 2-month notice expires on the 3rd of October. It seems your LL can choose any date to give notice.

Apparantly my landlady feels bad about asking us to move out (she needs to move back in asap) so said we can have until beginning of Oct because she knows we get paid at the end of Sept so would have the money to cover moving costs etc

I'm guessing that's why the dates seem a bit funny.

Morgan_Ree

PasturesNew wrote: »

It's always been a bit of a b4st4rd like that. The LL can give you 2 months' notice ... and you can give 1 month's. But, if they give you the 2 months' notice and your contract says your notice is "as per rent date", then you can't give any notice that will allow you to leave before their notice date.

It's a s0d really that when they issue a S21 the tenant can't just give a straight 2 weeks' notice at any time....

It's such a hassle as well. I don't live in an area that's brimming with rental propeties so waiting until my actual leaving date is really going to limit my options. I can't afford to rent 2 places so I'm just going to have to sit tight and hope to god something comes up at the right time
Or just fall back on the parentals

tbs624

On which date did your original Fixed Term end?

Your stat periodic agreement runs on month to month from there, and that's the date that you need to use when ascertaining notice.


You mention being given notice to end the tenancy on 3rd October?

Morgan_Ree

tbs624 wrote: »

On which date did your original Fixed Term end?

Your stat periodic agreement runs on month to month from there, and that's the date that you need to use when ascertaining notice.


You mention being given notice to end the tenancy on 3rd October?

It was 6 months fixed term ended i think on the 27/09/09. Don't have the exact date to hand but it was 6 months after i moved in. after then it was just a periodic tenancy. My landlady could have just servied us notice to leave on the 27th of Sept but gave us that few extra days with it being pay day at the end of the month.
Either way I'm not disputing paying rent up until the date she has given. I'm fine with that. I just wanted to know if I did say give her notice tomorrow and only be liable for rent for the next 4 weeks. I now know I can't do that. Well unless she agrees to it of course.

tbs624

Morgan_Ree wrote: »

It was 6 months fixed term ended i think on the 27/09/09. Don't have the exact date to hand but it was 6 months after i moved in. after then it was just a periodic tenancy. My landlady could have just servied us notice to leave on the 27th of Sept but gave us that few extra days with it being pay day at the end of the month.
Either way I'm not disputing paying rent up until the date she has given. I'm fine with that. I just wanted to know if I did say give her notice tomorrow and only be liable for rent for the next 4 weeks. I now know I can't do that. Well unless she agrees to it of course.

It sounds as though your tenancy probably runs from 27th to 26th of each month, and you would have to give *one month's* notice to tie in with your rental period (if you are paying rent monthly then its not "4 weeks" that would be required). If you do want to give your own notice, it would therefore effectively run from 27th August until 26th September unless the LL agreed otherwise.

Morgan_Ree

Thanks for everyones help.

Spoke with the LL today. She's happy for us to move out sooner than the date given on our notice and won't hold us liable for further rent. Thankfully she's been really understanding about it all.

Hopefully our next LL will be as good as her!