Quick question for landlords...

Jo84_2

Hello, I hope you can help....

I have found a new house to move into which means I now have to give my landlord my months notice. Our rent currently gets paid on the first of every month. I called my landlord last night and he said that one; it needs to be in writing (which I will do) and two; the notice has to be a full rental month notice, meaning that even if I give him my notice on 17th October, I have to pay up to 1st Dec.

Is this correct?

My contract says the following;

''This periodic tenency can be ended by the tenant giving a least one month's written notice to the landlord, the notice to expire at the end of a rental period.''

I just want to make sure that I will now be paying until the 1st Dec.

Many thanks

JoJo

Kynthia

Although tenancy periods often begin on the day you pay rent they can differ. Therefore can you tell us if you are still within the fixed term of your AST and what date it began, and what date it ended if you are now on a rolling monthly contract (SPT)?

If you are in an SPT you must give at least a whole rental period as notice to leave. If your rental periods are the 1st to the last day of the month then you need to give notice before the 1st and then your tenancy ends in the last day of the month.

Jo84_2

We are on a rolling monthly contract now as we reached the end of our 6 months.

Thanks, I suppose that means we do have to pay up until 1st Dec.

Just wanted to make sure.

We have discovered our deposit wasn't held in a deposit scheme, what time frame can we expect our deposit to be returned?

Fire_Fox

Jo84 wrote: »

We are on a rolling monthly contract now as we reached the end of our 6 months.

Thanks, I suppose that means we do have to pay up until 1st Dec.

Just wanted to make sure.

We have discovered our deposit wasn't held in a deposit scheme, what time frame can we expect our deposit to be returned?

Can you answer the rest of Kynthia's questions?
"Although tenancy periods often begin on the day you pay rent they can differ. Therefore can you tell us if you are still within the fixed term of your AST and what date it began, and what date it ended if you are now on a rolling monthly contract (SPT)?"

Regarding the deposit, again when did your tenancy first begin and when was the last time you signed a contract? There is no time frame without a scheme, you could get it immediately you may have to go to court.

Jo84_2

We moved in on 12th March and last signed on that date for a 6 month tenency. This ran out in Septmeber and we have been on a rolling monthly contract since then. We did not sign a new contract. Our rent due date is 1st of the month.

Fire_Fox

I suspect your rent period is 12th to the 11th of the month, rent periods are not always the same as rent due dates.

You have two options with the deposit. Firstly you can write now asking them to return it in full now because it was not lodged, secondly to wait until the tenancy is over and send them a 'letter before action' basically threaten to take them to court for your deposit plus a lump sum of up to three times the deposit. Is there an address for your landlord on your AST? http://england.shelter.org.uk/get_advice/paying_for_a_home/tenancy_deposits/getting_an_unprotected_tenancy_deposit_back

G_M

The date you pay rent is irrelevant.

What matters are the Tenancy Periods.

Yours seem to be 12th to 11th of the month.

Notice received by the landlord this week (say 19th Oct) would run till the end of the next FULL Tenancy Period ie 11th December.

Read this post:
Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

edit - if you pay rent on the 1st of the month, make sure you know whether the rent you pay covers the Tenancy Period (12th - 11th), or the calander month (1st to 31st) in which case you may have to pay for the extra days (1st to 11th).

Jo84_2

Thank you for clearing that up.

I have now written out my notice letter to him. Regarding the deposit, he's a nice enough guy and very religious, I don't think we'll have any problems in getting it back, I just wondered if there was a minumum waiting period for it to be returned. Obviously if he starts being funny about giving it back I now know what to do!

Many thanks

JoJo

Zorz_2

G_M wrote: »

What matters are the Tenancy Periods.

Yours seem to be 12th to 11th of the month.

Notice received by the landlord this week (say 19th Oct) would run till the end of the next FULL Tenancy Period ie 11th December.

Yes, exactly that.

Jo84 wrote: »

Regarding the deposit, he's a nice enough guy and very religious, I don't think we'll have any problems in getting it back,

Even pious people break the law....