Giving Notice - Private Tenant

mcmanlyn

Hi,

I've been searching all day for the answer to this & I'm still confused...I was on a AST agreement that began 5th July 2012 for 6 months. Nothing signed since so I'm now on a periodic agreement. I want to move out & served my notice a couple of days ago. As per my agreement I gave 1 months notice.

Agency responded to say that as my contract date is the 5th of the month my 1 month notice only starts from the 5th of the next month (June) meaning I'm stuck until the 4th July

Do I have any comeback by simply stating that my agreement does not say that my notice must agree with the contract start date? It just says 1 months notice. NOT 1 months notice to coincide with the contract date. I'm of course happy to pay the pro-rata to take me mid-month.

I mean if I handed my notice in at work I don't have to do that on a set date do I?

Would love to know where I stand as I'm set to lose out on my new property due to the cost of the 'crossover period' :(

G_M

Read:

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?)

grifferz

mcmanlyn wrote: »

Do I have any comeback by simply stating that my agreement does not say that my notice must agree with the contract start date? It just says 1 months notice. NOT 1 months notice to coincide with the contract date. I'm of course happy to pay the pro-rata to take me mid-month.

I don't believe so. It's in the statute that it would be from your tenancy date so absent any wording otherwise, that is what it would be.

mcmanlyn wrote: »

Would love to know where I stand as I'm set to lose out on my new property due to the cost of the 'crossover period' :(

You could contact your landlord directly and throw yourself on their mercy. You could beg them to allow you to pay pro rata for an early surrender. Likely to have a better chance than asking the agent who then has to ask the landlord anyway and won't be as motivated as you.

mcmanlyn

Darn it. I thought that might be the case Was really hoping that the fact that it didn't actually state it in my agreement meant I could just serve a months 'normal' notice.

Thanks though

terryw

It is possibly worth mentioning that you are under no legal obligation to allow viewings of you dwelling regardless of anything in the contract. This might be a useful bargaining tool in allowing you landlord to accept pro-rats rent