Rental notice period

tellmepls

Hi, we are currently renting and are now on periodic. Originally signed for 6 mths as you do through agent.
When the 6 months was up they wanted us to resign, but we decided to go periodic.
They sent us a letter saying if we had to give notice it would be 1 month and would have to be on the 18th of the month (the original date we moved in was the 19th april)

Our Paydate is the first of the month, and the original contract states when we go periodic we have to give 1 months notice to end day before the paydate.

So now we have been here 12 months we are looking to move. When do we give notice?
18th of the month or end of the month?

Is the original contract the enforceable one, or the letter when we went periodic?

Please dont say ask them, because we dont want to alert them we are looking to move, incase we decide to stay.

Thanks

HappyMJ

I'd give the notice on or before the 19th and to be sure that they got it on time I'd hand it in or send it to be recieved by the 18th for the notice to end on the 18th of whatever month you choose.

tellmepls

thats ok aslong as we dont want to hand in notice after the 19th.
For example, if we wanted to put in notice today 20th, we would have to wait until 19th of next month brfore we hand in notice and then wait another month to move out.

Which is the norm for agencies, paydate or moving in date?

Because we have both in writing could we choose which one is most beneficial to us, and they cant argue?

Thanks

tbs624

The relevant date is that on which your original Fixed Term ended.If that was the 18th of the month then your stat periodic agreement runs on from 19th to 18th of subsequent months ( if rent paid monthly) regardless of the rent payment date being the 1st of the month. You would need to give your notice before the 19th of the month, and to clarify a rent adjustment figure

BitterAndTwisted

The date you pay your rent is irrelevant: it's the rental-periods which are important. And these haven't changed since you signed the original fixed-term agreement. If your rental-periods run from the 19th to the 18th of the month following then you must ensure your WRITTEN notice is received on or before the 19th of the month in order to leave by the 18th of the following month. Personally, I wouldn't be cutting it that fine. You'll need time to arrange a mutually convenient day and time for the check-out inspection and hand-over of the keys. The agents who insist it's otherwise are idiots. Arguing the toss with idiots who think they are right but are not can be extremely hard work.

Kynthia

The agents are correct. There is often confusion when people have a different pay date to the tenancy periods. You need to ensure your notice is received in writing on or before the 18th of the month for ending the tenancy on the 18th of the following month.

tellmepls

Thanks, But our original contract states

Ending The Tenancy:
"While the tenancy is periodic the one months written notice must expire the day before a rent due date"

So surely that will be the end of the month (Paydate being the 1st)?

tellmepls

Like I said originally, we have a letter saying 18th and original contract saying end of month. Both supplied by the agent.

G_M

tellmepls wrote: »

Thanks, But our original contract states

Ending The Tenancy:
"While the tenancy is periodic the one months written notice must expire the day before a rent due date"

So surely that will be the end of the month (Paydate being the 1st)?

No. That clause is poorly worded (probobly based on an assumption that tenants pay rent on 1st day of their rental period - not always true as in your case).

Many agents have a poor understanding of tenancy law (no training is required) and draft poorly worded agreements.

. The advice you've received above is correct.

See here.

dodger1

tellmepls wrote: »

Thanks, But our original contract states

Ending The Tenancy:
"While the tenancy is periodic the one months written notice must expire the day before a rent due date"

So surely that will be the end of the month (Paydate being the 1st)?

No the rent due date is not the paydate in your example. Rent due date is I believe the 19th of the month as that was the start date of your tenancy.

marliepanda

Does this also apply if say you moved in on the 19th and paid 11 days rent to take you up to the first of the month, and then paid a full months rent on the 1st every month since?