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can someone help and explain.

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Comments

  • stassy23
    stassy23 Posts: 404 Forumite
    Thank you all.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    stassy23 wrote: »
    Thank you G_M
    I know in my tenancy it says i need to give 4 weeks notice. So i will hand my notice on the 19th of august.

    If it really says this then you have a few extra days, up to 22nd August, in which to give notice to end your tenancy on 19th September, although unless your exchange is taking place on (for instance) 20th August I'd stick with the original plan.
  • Gorg
    Gorg Posts: 55 Forumite
    Does your tenancy agreement state that notice must be served to end just before a rent due date?

    I've exchanged on a house due to complete next week, and we gave our month's notice (as required by our agreement) to end our tenancy on the 16th August. Our rent is due on the 1st of every month - as a result, we only had to pay 16 days' rent for August instead of a full month. The extra cash is super helpful (moving is expensive) so might be worth looking into?
    Initial Mortgage July 2015: £170,995
    Current Mortgage: £159,402
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    agrinnall wrote: »
    If it really says this then you have a few extra days, up to 22nd August, in which to give notice to end your tenancy on 19th September, although unless your exchange is taking place on (for instance) 20th August I'd stick with the original plan.
    Slightly risky advice:

    If tenancy is a CPT, then yes. If it is a SPT, then the clause is invalid.

    A poorly drafted tenancy agreement may make no provision for creation of a CPT following the fixed term, yet attempt (unsuccessfully) to impose a 4 week notice period to end the fixed term. We see tenancy agreements like this here from time to time.

    Full wording of the relevant parts of the TA would be needed to know for sure.
  • Kevie192
    Kevie192 Posts: 1,146 Forumite
    Gorg wrote: »
    Does your tenancy agreement state that notice must be served to end just before a rent due date?

    I've exchanged on a house due to complete next week, and we gave our month's notice (as required by our agreement) to end our tenancy on the 16th August. Our rent is due on the 1st of every month - as a result, we only had to pay 16 days' rent for August instead of a full month. The extra cash is super helpful (moving is expensive) so might be worth looking into?

    Your landlord and/or agency were being either nice or stupid... The law states it needs to be a full rental period's notice, so they could have insisted on this if they wanted...

    The law overrules the contract on notice periods as I understand it.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Kevie192 wrote: »
    Your landlord and/or agency were being either nice or stupid... The law states it needs to be a full rental period's notice, so they could have insisted on this if they wanted...

    The law overrules the contract on notice periods as I understand it.

    Not quite.

    If it is a Statutory Periodic Tenancy - it's 1 month - rental period (as it is a tenancy granted by law)

    If it is a Contractual periodic tenancy - it's whatever the contract say. It was created by contract not by law.
  • Gorg
    Gorg Posts: 55 Forumite
    Kevie192 wrote: »
    Your landlord and/or agency were being either nice or stupid... The law states it needs to be a full rental period's notice, so they could have insisted on this if they wanted...

    The law overrules the contract on notice periods as I understand it.
    Guest101 wrote: »
    Not quite.

    If it is a Statutory Periodic Tenancy - it's 1 month - rental period (as it is a tenancy granted by law)

    If it is a Contractual periodic tenancy - it's whatever the contract say. It was created by contract not by law.

    It's Contractual, and it was part of the agreement. Admittedly a part of the agreement I wasn't entirely aware of until we decided to move (hadn't reread the tenancy agreement since we signed it 3 years ago, we were prepared to pay the full month's rent), but still. Worth checking IMO - my landlord/letting agent can't be the only people to have this as standard.
    Initial Mortgage July 2015: £170,995
    Current Mortgage: £159,402
  • stassy23
    stassy23 Posts: 404 Forumite
    Thanks all. Its a private landlord were quite good friends.
    We exchanged contracts today and were due to complete on the 14th.
  • stassy23
    stassy23 Posts: 404 Forumite
    Gorg wrote: »
    Does your tenancy agreement state that notice must be served to end just before a rent due date?

    I've exchanged on a house due to complete next week, and we gave our month's notice (as required by our agreement) to end our tenancy on the 16th August. Our rent is due on the 1st of every month - as a result, we only had to pay 16 days' rent for August instead of a full month. The extra cash is super helpful (moving is expensive) so might be worth looking into?

    No don't think it does i think it says we have to give one months notice and landlord 2 months ill check when im at home on the tenancy agreement.
  • stassy23
    stassy23 Posts: 404 Forumite
    Hi me again i have looked at my tenancy agreement it states when the fixed term of 6 months has ended which it has then it will be a statutory periodic tenancy shall arise on a weekly basis.
    What does that mean? Thanks
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