30 days/ 1 month notice on 30th january?

damino

if one wants to leave their flat after an assured short term tenancy

i've heard that when giving 30 days / 1 month notice,

if you tell them on the 1st, then you have to leave on the last day of the month. so, if feb then the 28th. if march then the 31st.

if you tell them on any date other thn the first e.g. if you notify them on the 2nd, then you have to leave on the first of the following month.. and so on if you notify on the 30th then you leave on the 29th of the following month. And i've heard this applies whether the month you are in has 30 days or 31 days. So it's not just that if notifying them on 10th dec, you leave 9th jan. But if leaving on 10th april, you don't leave exactly 30 days later on the 10th may, you leave on the 9th may. Is that right?

And what day do you leave if you give notice on the 30th january?

Hump

What date does your latest tenancy agreement start on, what is the term i.e. 6mths? Do you live in the same building as the landlord?

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?)

damino

That link says

It is important to note that the notice given by either must end with a Tenancy Period. This Notice can end either on the last day of a Tenancy Period, or on the 1st day of the next Tenancy Period. (see Crate v Miller 1947).

that would seem a bit unfair on both landlord and tenant. Unfair to me because if I wanted to move to another flat which is available on a particular day, then most likely it won't be the exact same day as my period's start/end date, so there would be a gap or an overlap. If there is a gap, then the landlord of the destination flat might not want to keep the flat for me because somebody else could come along that is available sooner, and the landlord may as well go with them as a tenant rather than leave their flat empty for days. And the landlord at the destination flat would be limited in that tenants won't be available on the exact day he is looking for so he'll always have a gap. If there wasn't a gap and it wasn't seamless, i.e. there was an overlap, then i'd be liable to pay two rents, and the council while sometimes they do a "dual rent liability" they seem to only consider it justified if there is reason of violence of disability or something. So overlap isn't an option. We'd be looking at a gap. And that seems unfair to destination-flat-landlord and tenant. The council thought the landlord cannot fix the date you can leave any date you want as long as you give 30 days notice. I spoke to a landlord and they agreed with what the council said. So perhaps that link isn't correct?

donfanatico

That's the way it is. Either there is overlap or you negotiate with old and new landlord.

And notice it is AT LEAST one rental period notice. You can of course set a date further than one rental period and pay rent pro rata to the old landlord

00ec25

rigid law has been created so both tenant and LL know exactly where the buck stops if either party starts quoting their "rights" and becomes difficult. Were it not so this board would be full of complaints about how unfair it was that x had got y whereas z had got a


if, on the other hand, both parties operate a mature and business like relationship, then you negotiate the terms of your exit and/or entry with your old and new LL and avoid any unpleasantness

G_M

damino wrote: »

That link says


that would seem a bit unfair on both landlord and tenant. Unfair to me because if.....
it may be unfair, but it is the law.


The council thought the landlord cannot fix the date
The LL cannot fix the date. Either you and the LL fix a date together, or the law fixes the date
you can leave any date you want as long as you give 30 days notice.
Whoever it was at the council who told you this, is wrong.

I spoke to a landlord and they agreed with what the council said.
Then the LL is also wrong
So perhaps that link isn't correct?

The link is correct so far as I know.

If you (or anyone else) can show me where / how it is wrong, and quote the relevant law to back up your correction, I will change the information in the link.

However, if the LL agrees with the council that 30 days enough, then there is nothing to stop you and the LL agreeing this. As it says in the link:

1) Mutual negotiation and agreement.

A LL and tenant can agree an ‘Early Surrender’ of the tenancy at any time, and on any terms they wish. It is sensible to agree this, and any conditions, in writing.

Zoology_Dragon

We've always had an overlap between tenancies, it's just something you have to account for in your budget.

damino

ok, so you and the landlord can agree that it's one month from the date you give notice, whatever date that is.

that seems to be the standard convention (albeit not a legal demand that a landlord must adhere to)

I spoke to a relative he said that's how it works, you give 30 days notice, and I spoke to a few different councils, different departments, all agreed that it's 30 days notice. So, it is at least a very strong convention.

I suppose it's worth getting that in writing from the landlord, and when giving notice agreeing on the leave date.

If it's a very strange landlord and things go completely wrong in negotiating a date and I can't negotiate at date with them, then I suppose it'd fall to notifying them by the start/end date of the rental period that is one month before I want to leave so they have at least one month's notice before I leave on the period's start/end date. But i'm sure that situation is very very unusual. And 95% of the time it goes according to the convention that everybody and their uncle uses.

@Zooology, why have you ended up with an overlap between tenancies? that would mean paying rent for two properties at the same time! Do you mean a gap(so staying at a friend between moves)? But why are you getting a gap? Can't you get a landlord that agrees to the standard convention?

donfanatico

The Legal notice is one rental period. If you pay monthly rent it is one month.

There is nothing to find a landlord that adheres to a standard. If a flat is empty the ll can start a tenancy any date of the month.

If your tenancy begins on the 1st it ends on the last day of the month.

jamie11

It's a brave landlord that agrees another tenancy for a place before the old tenant has left, The old tenant may overstay his notice period leaving the new tenant with nowhere to go, very messy for all concerned.