Giving notice on rented flat advice/help!

MiniSis

Hi

This could be quite complicated (or not) so after some advice on the best thing to do.

I moved into a flat on 27th Feb 2009. For some reason I decided to pay the 2 days and then pay rent on first of he month. But my tennancy was 6 months from 27th Feb. after I moves my LL took over the running of the property from the estate agent. I then recieved 6 months notice as LL wanted to sell.

In the June a tennant downstairs moves out and I was offered the flat. Same price, so moved on the 10th of July. Rent payment date stayed the same etc etc. I recieved a "new" tennant in the post (a photocopy of my old tennancy with the address and dates tippexed out and altered to the new flat) it was for 6 months and nearly 2 years on I am still here.

I am in the process of buying a house so am going to have to give notice at some point. I have no idea what my rental period is. My landlord isn't really approachable, but we have had no problems. So do I go by the original 27th Feb date or he new July 10th date?

Also when I moves in the landlord didn't visit the property to check the state of it and I have no inventory etc. as far as I am ware my original deposit is still in the deposit scheme from the old flat.

So any advice at all? Ideally I want to move during witsan half term and don't want to pay mortgage and rent for too long. Ideally am overlap of a week!

Thanks all.

biscit

The key think is, are you more than 6 months on from the initial date of any tenancy agreement? If you are out of the 6 month period you can give notice to leave when you like, provided the notice you give is greater than that specified in the agreement (usually a month). Once you're beyond the initial 6 months I think it doesn't matter when you leave- chose a date convenient to you.

Kynthia

What is the date your last tenancy agreement ended? If it's 10th July to 9th January then your tenancy periods are 10th to the 9th.

What date you pay rent is irrelevant. Your notice must be received before the 10th of the month for an end date of the 9th of the following month.

MiniSis

Yes tenant ran out in January 2011. I'm thinking more of what I will owe him when I move and what date I should take it from I'd that makes sense. If I move mid month do i pay full rent or part rent etc.

He's been lenient on other remnants giving them a few days to move out and clear the flat before tr decorator comes in!

MiniSis

So what about my rental period changing from 27th of month to 10th of the month. I don't want to owe him money.

I'm confusing myself! Moving out on the 10th works better for my plans!! But because I moved into another of his flats mid tennancy (did him a favour) its confused things. I don't want him getting a penny more from me than he's owed!!!

G_M

biscit wrote: »

The key think is, are you more than 6 months on from the initial date of any tenancy agreement? If you are out of the 6 month period you can give notice to leave when you like, provided the notice you give is greater than that specified in the agreement (usually a month). Once you're beyond the initial 6 months I think it doesn't matter when you leave- chose a date convenient to you.

Ignore this very poor advice:
When 'out of the 6 month period' you must still time your notice correctly. It DOES matter when you leave!

In the June a tennant downstairs moves out and I was offered the flat. Same price, so moved on the 10th of July.

Minisis - you moved into the current property on 10th July, so that is when your tenancy started. It was for 6 months so the fixed term ended on 9th Jan. You then moved to a Statutory Periodic Tenancy, with monthly rental periods running from 10th of each month.

You must give a full rental periods notice, so if you give notice on or before 9th May, your notice will expire on 9th June and your tenancy will end then. More here on periodic tenancies.

Your deposit on the 1st property should have been returned to you, and a new deposit taken and registered. Was the original deposit registered? In which scheme? If you are not sure, check with each of the 3 schemes yourself (see Deposits here).

The lack of inventory is a problem for the landlord, not you.

MiniSis

Thanks, I believe it is in a scheme yes, but I will check thanks. What happens if it isn't in a scheme?

I'm so confused! So if I want to move out on the 9th june for example and I pay my rent on the 1st June I don't know wht period this covers.

I understand my new tennancy started in the 10th July, but the old tennancy was never ended, deposit returned, my rent reimbursed and recalculated, so this is actually quite complicated.

I have no idea what to do, maybe a letter informing my LL of my intention to quit (dates to be confirmed with 1 months notice) and ask him what my rental period is? Ibthink it should be from the original 27th as he never properly ended my old tennancy (I moved our before he 6 months was up)

marliepanda

If you pay the 1st and leave on the 9th you would be looking at paying 9 days worth of rent, in my eyes. I would times the monthly rent by 12, divide by 365 and then x9?

I am in a similar situation, my tenancy started 27th but I pay on the 1st of every month and my tenancy is the same as yours with regards to notice etc.

G_M

You need to work out what period your rent on the 1st of the month covers.

I moved into a flat on 27th Feb 2009. For some reason I decided to pay the 2 days and then pay rent on first of he month.

(I assume this arrangement simply continued when you moved?) It sounds like each rent payment now covers the period from 1st of month to end of month.

So IF you leave on 9th June, then on 1st June you should pay 9 days rent (rent x 12 / 365 x 9).

I understand my new tennancy started in the 10th July, but the old tennancy was never ended, deposit returned, my rent reimbursed and recalculated, so this is actually quite complicated.

Of course your 1st tenancy ended. You moved out. The landlord (I assume?) accepted the keys back. He gave you a new property. Nothing compicated about it. Whether it was within the 6 months or not is irrelevant as there was agreement between you to end the tenancy.

You moved to a new property and started a new tenancy. On 10th July. That is the relevant date now.

Check your deposit, then tell us the answer.

MiniSis

Maybe I am completely misunderstanding then. Yes I realise the tennancy ended but I meant he didn't return the deposit and refund me my money for the month is paid for then start a new tennancy with new deposit and rent. So yes I am assuming that the month has continued to run from the 1st to 31st and not transferred to the tenth of the month.

Thanks for your advice it's probably not complicated, but considering he's just upped my rent with 2 weeks notice I'm not overly happy with him! But that's another issue!

MiniSis

Deposit is protected in my deposit scheme