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Landlord Nightmare

i have a assured shorthold tenancy agreement, which expired in 30/11/2009, and told of my landlord im now on a rolling contract, i have written a letter to give her my 2 months notice,but she informes me that i cannot leave the property until the 30/05/11, todays date is the 7th of march 2011....is the LL in her rights.

thank you

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 7 March 2011 at 9:16PM
    No. You are both wrong!

    Assuming you are in Eng/Wales, and pay rent monthly:

    You have to give ONE months notice (not two - the landlord has to give you two), but it must co-incide with a rent period. So if you pay rent on the 1st of the month for example, you can give notice now, but the one month notice will run from 1st April to 31st April.

    More info here.

    edit: it does not matter if your tenancy contract says something different (eg you have to give two months). The contract cannot remove your legal rights. It is ONE month whatever!
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As above - you need to give one month's notice, because after your original AST ran out you moved onto a Periodic Tenancy and the month starts from the next 1st of the month. Next 1st is 1 April so you'd need to be out by 30 April. LLs give two months' notice; tenants give one.

    If you'd given one month's notice before 28th February, then you'd need to be out by 30th March.

    Although a good landlord, after so long, would have just accepted a straight "one month" from whatever date, but they can insist on it being rent-date-to-rent-date if they want.
  • PasturesNew
    PasturesNew Posts: 70,698 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    She is correct that two months' notice from 7 March would be 30/05/2011. Notice issued today would take effect next rent day (1st April) and then two months later would be 30/05/11.

    But that's her notice period, not yours.
  • It looks like the rent day is the 1st of the month. One month's notice (tenant to landlord) expires 30 April. I agree with pn, a decent LL could show some flexibility but if the LL prefers a rent day of the 1st that is their choice. Letting you go on the 2nd would mean they would lose a month's rent if they wanted a rent day of the 1st to be maintained.

    GG
    There are 10 types of people in this world. Those who understand binary and those that don't.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Assuming it was an AST and she let it to you for a period of six months then she is correct however you only would need 30 day notice.
    This makes no sense whatever.

    Whether the original tenancy was 6 months, 12 months or indeed 9 months is irrelevant. It is now Periodic. (presumably monthly).

    30 days? Depends how many days in the relevant calender month!

    Correct? 30/05/11? NO, she is NOT!
  • tbs624
    tbs624 Posts: 10,816 Forumite
    OP - as your original Fixed Term expired on 30/11/09 your subsequent rental periods will have run from the 1st of each month. This is the case whether or not your rent due date also happens to be the 1st.

    You need to give *one* month's notice ( in writing) by the 1st of any month and ensure that you have moved out by the last day of that month or you will become liable for a further month's rent.

    LL is talking nonsense.
  • mlz1413
    mlz1413 Posts: 3,070 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    i have a assured shorthold tenancy agreement, which expired in 30/11/2009, and told of my landlord im now on a rolling contract, i have written a letter to give her my 2 months notice,but she informes me that i cannot leave the property until the 30/05/11, todays date is the 7th of march 2011....is the LL in her rights.

    thank you

    you have been very thoughtful at giving 2 months notice as it is more than you are obliged to give.

    write back to your LL state that you consider your notice period to be correct as you have given more notice than required and therefore unless she can advise you in writing where your contract states differently you intend to leave on xx/xx (i'm assuming this is 30th april?).

    I would also request an inspection so that you can discuss how the property should be left, how keys are returned etc so that your deposit can be returned in full - you do also have the details of the scheme the deposit is held in so you can contact them direct?
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