Ending a private tenancy

catclee

Hi,


My husband and I rent a house through Leaders lettings. Our rent date is the 21st of each month but we always pay on the 30th which is my pay day (Leaders told us they could not change the rent date, although we found out that is not true, but that's another story).


We phoned up today and informed them that we would be giving our months notice on the 30th, when we paid the rent and they said that we could not give notice until the 21st November, when our next rent payment is due.


I have read the contract and the only requirement for giving notice is that one calendar month must be given. It does not specifically state that we can only give notice at the beginning of a rental period.


I understand that it is usual to give notice at the beginning of a rental period, but as it is not stipulated in the contract, is there any chance I can argue my way out of this?


Thanks,


Cat.

teabody

Hiya,
If I understand you correctly...you pay on the 30th which is in arrears of the 21st by 9 days, but the money paid is for the 21st of that month until the 20th of the next?
I am no expert and I am sure if anyone else on here knows otherwise they will let you know but if you intend to leave at the end of your contracted month i.e 20th then you would have to give notice by the 21st as far as I am aware. Sorry x

catclee

Thanks for the reply. Yes, that is correct. I just don't understand why we have to give notice on a particular date if it is not specifically stated in our contract.

stator

Has your AST lapsed and become a Staturoy Periodic Tenancy or did the AST contain a provision for the end of the AST period and it becoming a Periodic tenancy.

I believe if you are on a SPT you must give a whole periods notice.
If you are on a non-staturoty periodic tenancy then whatever it says in your original tenancy applies. If it says only one months notice without mention of a whole rental period then you can give only one months notice at whatever time in the month you like.

Actually I'm not sure about the ending of a SPT, I can't find my previous sources

G_M

Your terminology is unclear - but important.

" rent date" "Rent due date"

Bothh irrelevant.

What matters is the tenancy period start date (rent may be due on any date, not just on the period start date.

I assume you had a fixed term tenancy, which has ended, and you now have a periodic (monthly) tenancy. Is this correct?

If yes, what were the dates of the fixed term? Exact dates?

Read this for more:

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?)

catclee

I've just found a copy of the renewed policy. I had assumed that the AST had lapsed and gone on to an SPT or NSPT, however they have renewed the AST. On this copy it does say that the notice period must end on the last day of a rental period.


Unfortunately, since we have to move in the next couple of weeks due to my husband starting work quite far away, it looks like we'll have an expensive couple of months paying 2 lots of rent.


Ah well.


Thanks for the advice.

G_M

catclee wrote: »

I've just found a copy of the renewed policy. I had assumed that the AST had lapsed and gone on to an SPT or NSPT, however they have renewed the AST.
Who? Did you sign it/agree?

What are the dates on the renewal? Is it for a fixed term? How long? Or does the renewal specify a Contractual Periodic Tenancy?

On this copy it does say that the notice period must end on the last day of a rental period.
This sounds like a CPT - but is it? Or is there a fixed term?

And/or is there a Break Clause? If so, what does it say exactly?

Thanks for the advice.

No one can advise you until you describe exactly what contract is in place.