Notice Period on AST moving to SPA

sauceychoco

Any advice would be appreciated.

I’m on a 12 month AST via Romans Lettings. The agreement was from the 12/06/2013 to 11/06/2014, rent paid monthly.

Because the landlord is selling the property I was not given a new 12 month contract. The property is now STC and awaiting the exchange etc.

As I wasn’t sure what the new landlords plans are I decided to find another property (which I have done).

Now, I gave notice on the 08/06/2014 to vacate the property by the 11/07/2014. Although my contact is up on the 11/06/2014 I don’t have enough time to sort out moving by that date so I decided to move into a periodic contract to give me the time.

I’ve just had a call from Romans saying that 1 month is not enough of a notice period and that it needs to be 2 months if I’m within the 12 month AST even though the AST will have ended during the notice period. So they are saying I am liable for the rent until the 11/08/2014.

Can someone please help or point me in the right direction? Have I completely misunderstood my responsibility with the contract or are Romans just trying it on?

This is the snippet from the AST regarding notice period
10. NOTICE REQUIREMENTS:
It is agreed:-
a. That after an initial period of four months, the Tenant may terminate this Tenancy at any time by serving at least TWO COMPLETE RENTAL MONTHS' NOTICE in writing, on the Landlord's Agent.

b. That after an initial period of four months, the Landlord may terminate this Tenancy at any time by serving at least TWO COMPLETE RENTAL MONTHS' NOTICE in writing, on the Tenant.

c. That both parties will ensure that any notice is an original signed letter and sent to the Agent ensuring adequate delivery time by signed for post, courier, or is delivered by hand.

d. That if notice from either party is not received to expire on or after the end of the initial Term, the tenancy will become a statutory periodic assured shorthold tenancy and WILL CONTINUE ON THE SAME TERMS FROM ONE COMPLETE RENT PERIOD TO ANOTHER. Statutory notice periods will apply.

sauceychoco

This is an email I have just received:

"As discussed on the phone, thank you for your notice but you are currently required to give two months’ notice rather than one.

You are still in the initial 12 month contract which ends on the 11th June 2014 and your tenancy agreement states you have to give two months’ notice from a rent due date whilst still within this contract.

Once the initial 12 months has lapsed (i.e. after the 11th June 2014) your tenancy will become periodic. This means that you can give one month’s notice from a rent due date. For example, if you gave notice on the 12th June, this wouldn’t take effect until the 12th July so your last day would be the 11th August.

If you could re-send a signed letter with an end date of the 11th August it would be much appreciated."

Annie1960

Your AST ends on 11 June.
Your SPT begins on 12 June.

You give notice on 12 June for 1 month, to end of 11 July.

Para c in your first post suggests that you will need to deliver the notice by hand to ensure it reaches them on the correct day. If you post it on 12 June it may not reach them until 13, 14 or 15 June.

http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_periodic_agreement

This assumes you are in England, and pay your rent monthly.
It also assumes your 'rent due' date is the 12th, and this is also the first day of your tenancy period.

RAS

sauceychoco wrote: »

Now, I gave notice on the 08/06/2014 to vacate the property by the 11/07/2014. Although my contact is up on the 11/06/2014 I don’t have enough time to sort out moving by that date so I decided to move into a periodic contract to give me the time.

How did you give notice? Paper, e-mail, text?

What does your contract say about the serving of notices and the address for the serving of notices?

sauceychoco

RAS wrote: »

How did you give notice? Paper, e-mail, text?

What does your contract say about the serving of notices and the address for the serving of notices?

I gave notice via an email. I typed a letter, printed it, signed it, scanned it and then emailed it as an attachment.

The only thing about the notice is:

"c. That both parties will ensure that any notice is an original signed letter and sent to the Agent ensuring adequate delivery time by signed for post, courier, or is delivered by hand."

and

"Note: Under s. 48, Landlord and Tenant Act 1987, notices can be served on the Landlord at the above address"

However the address listed is incorrect as the Agency moved their offices.

This is my notice letter with details taken out:

"Dated 06/06/2014

Dear xx

Please accept this written notice as my intention to vacate the property by the 11th July 2014.

I will be cleaning the property in accordance with the tenancy agreement on the 07th July and removing all of my personal belongings by the 09th July. I will not be available on the 11th July so would intend to hand over the keys on the 09th or 10th July.

With regards to the deposit, once all agreed by the landlord can you please arrange for the payment to be made to me using the following banking details:

xx

A postal redirection will be set up, however if any correspondence is delivered to the address or you wish to contact me after the 11th July 2014, please use the following address:

xx

I look forward to hearing from you regarding the checkout process.

Yours faithfully,"

Annie1960

Seems like an appropriate letter to me, I can't see what's wrong (except the address for serving notices, of course, but that's not your fault).

Hopefully someone will be along soon who can work out what the problem is with your proposal. Otherwise, I think you should just go ahead, but if you're still unsure maybe give Shelter a ring to get advice first.

sauceychoco

Annie1960 wrote: »

Your AST ends on 11 June.
Your SPT begins on 12 June.

You give notice on 12 June for 1 month, to end of 11 July.

Para c in your first post suggests that you will need to deliver the notice by hand to ensure it reaches them on the correct day. If you post it on 12 June it may not reach them until 13, 14 or 15 June.

http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_periodic_agreement

This assumes you are in England, and pay your rent monthly.
It also assumes your 'rent due' date is the 12th, and this is also the first day of your tenancy period.

I am in England, pay monthly and my rent due date is 12th which is also the first day of my tenancy.

So, the following statement from Roman is incorrect:

"Once the initial 12 months has lapsed (i.e. after the 11th June 2014) your tenancy will become periodic. This means that you can give one month’s notice from a rent due date. For example, if you gave notice on the 12th June, this wouldn’t take effect until the 12th July so your last day would be the 11th August."

I gave in my notice on the 06th so that I didn't miss the 11th. I wanted to make sure my last date is the 11/07/2014.

Annie1960

sauceychoco wrote: »

I am in England, pay monthly and my rent due date is 12th which is also the first day of my tenancy.

So, the following statement from Roman is incorrect:

"Once the initial 12 months has lapsed (i.e. after the 11th June 2014) your tenancy will become periodic. This means that you can give one month’s notice from a rent due date. For example, if you gave notice on the 12th June, this wouldn’t take effect until the 12th July so your last day would be the 11th August."

I gave in my notice on the 06th so that I didn't miss the 11th. I wanted to make sure my last date is the 11/07/2014.

But you can't give one month's notice on the 6th, because you are still under the AST at that date. If your notice is dated the 6th, you need to give 2 months' notice. I know this seems a bit nit-picking, but that's what the contract says.

You need to give notice on the 12th June (the first day of your periodic tenancy), and your letter needs to be dated on the 12th, and the LL or agent or whoever needs to receive the letter on the 12th. This is why I suggested delivering it by hand.

Otherwise, you will be stuck with another month.

sauceychoco

Annie1960 wrote: »

Seems like an appropriate letter to me, I can't see what's wrong (except the address for serving notices, of course, but that's not your fault).

Hopefully someone will be along soon who can work out what the problem is with your proposal. Otherwise, I think you should just go ahead, but if you're still unsure maybe give Shelter a ring to get advice first.

Thanks Annie. I just need to be sure that I can stick to my guns with regards to the 11th June end date and not have to wait until the 11th Aug. I will be leaving and I can see Roman trying to deduct a months rent from my deposit and then having to go into despite.

sauceychoco

Annie1960 wrote: »

But you can't give one month's notice on the 6th, because you are still under the AST at that date. If your notice is dated the 6th, you need to give 2 months' notice. I know this seems a bit nit-picking, but that's what the contract says.

You need to give notice on the 12th June (the first day of your periodic tenancy), and your letter needs to be dated on the 12th, and the LL or agent or whoever needs to receive the letter on the 12th. This is why I suggested delivering it by hand.

Otherwise, you will be stuck with another month.

Ok, I take your point. However the Agent is saying if I give notice on the 12th June, I need to give a full month which doesn't include the 12th so my tenancy will have to end on the 12th Aug. The term on my contract is:

For the initial term of one year commencing on 12 June 2013 through to and including 11 June 2014 and
thereafter shall continue until terminated in accordance with Schedule 1 or otherwise as permitted by law.

sauceychoco

Annie1960 wrote: »

But you can't give one month's notice on the 6th, because you are still under the AST at that date. If your notice is dated the 6th, you need to give 2 months' notice. I know this seems a bit nit-picking, but that's what the contract says.

You need to give notice on the 12th June (the first day of your periodic tenancy), and your letter needs to be dated on the 12th, and the LL or agent or whoever needs to receive the letter on the 12th. This is why I suggested delivering it by hand.

Otherwise, you will be stuck with another month.

Ok, can I just date the notice letter as the 12th and hand in sooner? it seems odd that I can only give notice on the exact day.