HELP Notice period

Phate06

Hello everyone, My wife and I are currently renting via a Letting Agency and we want to move to a larger place which we have found, the new landlord has accepted us, when I rang the letting agency they said I couldn't give notice until the end of the month when the rent is due. My new place is on the edge of falling through as the landlord doesn't want to wait 2 months for us to move in.
There is nothing in the AST stating when we have to give notice.

Is this right?

Guest101

It sounds like the letting agent is correct. Assuming u moved into a monthly rolling agreement and your original tenancy started at the end of the month.

U give one rental period notice, so if u started 27th, u would need to leave by 26th of the following month for example.

U can give notice now for that date, it's minimum one month ( rental period ), u can give more.

Assuming this is England or Wales.

Tixy

Are you on a periodic tenancy currently?

You can write to give notice now, but your notice period should be a minimum of a month and should usually end on the last date of a period (if the tenancy agreement does not say differently)

Phate06

Hi Tixy, the Tenancy Agreement mentions nothing to do with dates , and I know its a months notice, i'm in the mood to forfeit the deposit to get into this new place in time

Pixie5740

The TA doesn't have to say anything about notice periods as there is a statutory minimum. This is only important though if you currently have a Statutory Periodic Tenancy. If you currently have a fixed term tenancy then you can leave at the end of the fixed term with no notice at all although it is polite to let your LL know.

Just talk to the LL/LA and see if you can negotiate an outcome that suits you both.

Tixy

Phate06 wrote: »

Hi Tixy, the Tenancy Agreement mentions nothing to do with dates , and I know its a months notice, i'm in the mood to forfeit the deposit to get into this new place in time

It doesn't have a date for when the tenancy started?

Phate06

Yes it does its says 28th March 2011

Tixy

So in the absence of any other information on the agreement, and assuming you are now in a periodic tenancy then your periods run from the 28th to the 27th.

Which means your notice period needs to end on the 27th of a month. If you give notice today it would need end on the 27th of March.

Phate06

I spoke to a solicitor and he confirmed this. Thanks for your assistance everyone