Giving notice in the middle of the calendar month

leftieM

I can't seem to find an answer to this so I'm hoping someone on here can help.
We have a periodic monthly tenancy running from the last day in the month. The lease hasn't been renewed so I assume that the terms of the original lease agreement apply.
We want to move out in four weeks time. Our contract states that we must give '4 weeks written notice of the date on which it is to take effect'. When I phoned the original agent they said they that it must be a full month i.e. you can't pay for half a month's rent and then leave even if you've given the necessary 4 weeks notice. So we would have to wait 6 weeks to move out. I'm wondering where we stand legally on this? The original agent no longer manages the house as our landlord manages the house himself.
We've been here 3 years and four months.

Thaanks in advance.

t0rt0ise

Here you go.. http://www.landlordzone.co.uk/notice_to_quit.htm

"It must bring the tenancy to an end at the end of a full rent period".

may_fair

The following assume that you have an AST in England/Wales.

leftieM wrote: »

We have a periodic monthly tenancy running from the last day in the month. The lease hasn't been renewed so I assume that the terms of the original lease agreement apply.

Yes, except for any provisions relating to notice. Statutory provisions for notice apply in a statutory periodic tenancy (SPT).

We want to move out in four weeks time. Our contract states that we must give '4 weeks written notice of the date on which it is to take effect'. When I phoned the original agent they said they that it must be a full month i.e. you can't pay for half a month's rent and then leave even if you've given the necessary 4 weeks notice. So we would have to wait 6 weeks to move out. I'm wondering where we stand legally on this?

T's notice in a SPT is at least one month, also expiring at the end of a tenancy period.

The tenancy periods commenced the day after the last fixed term contract expired. Their length is based on the frequency with which rent is payable. So, if the last day of the fixed term was 15th January, and your rent is payable monthly, the tenancy periods would run 16th - 15th of the month, and your notice would have to expire on the 15th of the month.

may_fair

t0rt0ise wrote: »

Here you go.. http://www.landlordzone.co.uk/notice_to_quit.htm

"It must bring the tenancy to an end at the end of a full rent period".

There are quite a few errors on many of LLZ's factsheets.

G_M

leftieM wrote: »

We have a periodic monthly tenancy running from the last day in the month. ....

We want to move out in four weeks time. Our contract states that we must give '4 weeks written notice of the date on which it is to take effect'. Over-ridden by statute as explained above

When I phoned the original agent they said they that it must be a full month i.e. you can't pay for half a month's rent and then leave even if you've given the necessary 4 weeks notice.
Correct

So we would have to wait 6 weeks to move out. Correct
I'm wondering where we stand legally on this? The original agent no longer manages the house as our landlord manages the house himself. Irrelevant

Give one month's notice any time betwen now and 29th June. Your Notice will run from 30th June (last day of the month as per your periodic tenancy) and you need to move out on or before 30th July.

may_fair

G_M wrote: »

Give one month's notice any time betwen now and 29th June. Your Notice will run from 30th June (last day of the month as per your periodic tenancy) and you need to move out on or before 30th July.

The tenancy periods may run 30th - 29th or 31st - 30th. If the former, then the notice would have to expire on the 29th July and OP would have to move out on or before that date.

leftieM

Thank you all for your replies.
I'm still trying to wriggle out of paying the full whack for next month so I wonder if the law in Northern Ireland is different?
This is from a local solicitor's website

"If the tenancy is a periodic tenancy, then the landlord can serve a notice to quit at least 28 days before the end of the period (i.e. 28 days before the end of the six month period). Again, the tenant can serve their notice to quit at any point during the tenancy agreement. If the tenant fails to leave the property at the end of the notice to quit then the landlord must go through the correct channels to regain possession of the property."

So does this mean the statute that GM refers to does not apply in this part of the UK?

may_fair

leftieM wrote: »

I'm still trying to wriggle out of paying the full whack for next month so I wonder if the law in Northern Ireland is different?

As I said in post #3 "The following assumes that you have an AST in England/Wales."

Landlord/tenant law is different in different areas of the UK; I'm afraid I don't know anything about the law in N.Ireland.

BitterAndTwisted

Why are you accepting advice from the agent when they no longer manage the property? Regardless of what the laws are in NI your landlord might be prepared to accept four weeks notice, especially if you confirm that you are prepared to be very flexible about viewings by prospective new tenants during your notice period. Talk to your landlord!

tbs624

I second B&T's comment - the LA now has nothing to do with your tenancy.

The law in NI says that notice must be written and must be for not less than 4 weeks ( T does not have to give such notice to end a FT agreement), so seek clarification of your position via the Housing Rights Service on High Street, Belfast and then talk direct to the LL.