End tenancy - how much notice legally required?

Kitsi

Hello,


I'm a little confused about something and would appreciate some advice please. I am currently renting a property and my contract states I have to give one months notice from the date that my rent is taken eg. my rent is taken on the 14th so I have to give my one months notice on or before the 14th of the month.


Yesterday I went to look at a property that I'm interested in renting. I was worried that as it was the 15th, I would have to wait until 14th June to give my notice which would delay the process considerably and my may loose my chance. The agent that showed me round explained that legally the landlord could not enforce this and as long as I give one months notice from any date I will be fine and they will have to adjust my final rent payment pro rata. He said all landlords/agents try this just to get the extra rent from people but its not actually legal.


Not sure where I stand on this as I signed a contract.


Anyone heard of this before?


Thanks

Pixie5740

Where are you? Scotland, Northern Ireland, England, Wales?

What type of tenancy do you have? Fixed term? Periodic?

pmlindyloo

All the information you need is here:

http://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4

(Presuming England)

Kitsi

Pixie5740 wrote: »

Where are you? Scotland, Northern Ireland, England, Wales?

What type of tenancy do you have? Fixed term? Periodic?

I live in England. It was fixed for the first 6 months. I have been in the property for over 12 months now.

Kitsi

pmlindyloo wrote: »

All the information you need is here:

http://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4

(Presuming England)

Thanks pmlindyloo!


'a) A tenant can end a SPT by giving the landlord at least one months Notice ending on either the last or 1st day of a Tenancy Period (see Crate v Miller 1947). It should be in writing & sent to the address "for the serving of notices" on the landlord.

If rent is paid monthly/weekly, then the Tenancy Periods run monthly/weekly starting the day after the FT ended.

Example:

A 6 month FT tenancy starts on 24th June. It therefore ends on 23rd December. Rent is paid monthly. If a SPT then continues, the Tenancy Periods run monthly from 24th to 23rd of each month. The tenant’s Notice must therefore end on the 23rd (or 24th) of the month.

If the tenant serves notice on 22nd March, then the notice expires on 23rd April (a full month ending on the last day of the Period). But if the tenant gave notice two days later, on 25th March, the notice would expire on 23rd May - a month later (since 23rd April is less than a month).

Note that the day rent is paid (which may or may not be aligned with the start of each Tenancy Period) is irrelevant.'



So from this I understand that my one months notice has to end on the 14th of the month as my contract states? And the agent I spoke to was incorrect?

stator

Yes, agents will say anything to get a sale/let, although it's possible the agent was just incompetant.

Either way what they told you was complete and utter !!!!!!!!

Kitsi

Thanks for the clarification

G_M

Agent was takling cr*p. If you leave midway through a period you still pay for the whole period unless the landlord agrees otherwise. You can always ask for an 'Early Surrender'. Some LLs will be flexible.