Tenant Help Please.

StuBM

RAS wrote: »

What exactly do you mean by a monthly date?

Please can you type out the exact clause in full as other can help you ( I have to go).

And her notice for you to leave is probably invalid - read the examples quoted by G_M

In advance by equal monthly payments on 27th of each month. First payment to be made on the 27th august next.

marliepanda

Well then really you should be out by 27th and would have to pay 2 days pro rats rent IF your LL gets technical. iF she does get technical she could ask you to leave on your actually notice period date of the 27th. She can't however make you stay and pay rent past that.

I'd tell her it's the 29th you need to leave by, mention the financial points listed above and how it will give her time to have it ready for viewings, and you may get away with your chosen date

jamie11

marliepanda wrote: »

Well then really you should be out by 27th and would have to pay 2 days pro rats rent IF your LL gets technical. iF she does get technical she could ask you to leave on your actually notice period date of the 27th. She can't however make you stay and pay rent past that.

I'd tell her it's the 29th you need to leave by, mention the financial points listed above and how it will give her time to have it ready for viewings, and you may get away with your chosen date

No! If the OP stays beyond 23.59hrs. on the 26th he will be liable to pay another full month's rent. periodic tenancies are exactly that, you pay for a period.

jamie11

citricsquid wrote: »

(in this case until January 27)..

I understood the tenancy started on the 27th, that would make the last day of any period the 26th.

StuBM

Just for the record I have no problem moving out on 26th, but paying to the end of January is we're I have an issue

marliepanda

StuBM wrote: »

Just for the record I have no problem moving out on 26th, but paying to the end of January is we're I have an issue

Woops 26th, my bad.

In all honesty I would send notice for the 26th as that's legally correct. If you want to ask if you can stay til 29th and pay those days rent you can ask for the ll to agree to that. In no case do you NEED to stay until end of jan (or pay rent)

rpc

StuBM wrote: »

Just for the record I have no problem moving out on 26th, but paying to the end of January is we're I have an issue

You need to give one month's notice, aligned to the tenancy period. You have said what date your rent was due, what date did the tenancy begin?.

If your tenancy began on the 27th, then you can give one month notice and vacate by/on 26th December. The contract would end on 26th December and no rent liability would exist beyond that date. That is statute law and the contract cannot override it.

You refer to a "letter of termination" - was it a Section 21 notice? If not, it probably has no legal effect...

RAS

As per rpc

What was the start date of the tenancy and the end of the fixed term?

Cissi

OP, you still haven't replied to the essential question: on what date exactly did your tenancy start, ie when did you move in? This, not the date when you paid the first rent, is what determines your rental period, and this is crucial.

Assuming that you moved in on the 27th, then you need to give written notice by November 27th - ideally 2 copies sent by First Class post (not recorded but with proof of postage, from 2 different post offices) posted at least 2 working days before the 27th - to be on the safe side I'd post them by the end of this week. The notice should say that you hereby give 1 month's notice to vacate the property on December 26th. You must then leave and return the keys on December 26th, or you would be liable for rent until January 26th.

As has been said, you need to find out the exact details of your tenancy, and fast, as you may be running out of time.

RAS

Cissi wrote: »

Assuming that you moved in on the 27th, then you need to give written notice by November 27th - ideally 2 copies sent by First Class post (not recorded but with proof of postage, from 2 different post offices) posted at least 2 working days before the 27th - to be on the safe side I'd post them by the end of this week. The notice should say that you hereby give 1 month's notice to vacate the property on December 26th. You must then leave and return the keys on December 26th, or you would be liable for rent until January 26th.

No the notice has to be received by those who are listed at the address for the recieiving of notice by 26th November, so time is running out fast.

A first class letter sent on 24th would be deemed as delivered by 26th and meet the requirement so the OP needs to get their skates on.