Rolling contract - notice to move out

nndh1_2

I'm living in a rented property under an Assured Shorthold Tenancy, 2 months ago our contract was up and we didn't sign up as we were looking to move house, so I believe we are on a rolling monthly contract.

We have now found a property to move to and gave our 1 month notice, however we have been informed because our contract starts on the 10th it must end on the 10th. In over 20 years renting I have never come across this and to be honest this would mean I couldn't move as it'd throw my finances into a spin.


I checked the contract and it states ' you may end this contract by giving us at least one months notice in writing that you will give up the property on the date shown on the notice'.


I presume that is what that is referring to? I never picked up on this....can anyone advise on this and if it still stands on a rolling contract? Any advice please would be much appreciated.

Guest101

You've been lucky for quite some time

The agents are 99% right.

The only real exception is, if it says, following the initial fixed term, the contract will become a rolling monthly tenancy and the tenant may end the tenancy by giving 1 months notice.

This may raise the idea of a contractual periodic tenancy. But it doesn't sound like that

nndh1_2

Hi Guest101, thank you for your advice (even if it's not what I want to hear right now!).

Worst part is I could have given my notice on the 10th but was just waiting for some info from the new landlord.....basically the moving in date! I'll be honest I don't see the benefit of this, I'd understand a bit more if it was the 1st of the month...now I am in a huge pickle ��
Would it likely be in the same section of the contract 'ending the contract' if there were to be a part on a rolling tenancy notice?
I don't know how I've never experienced this before, they also carry out inspections every 3 months which I'd never had before either!

G_M

Read your tenancy agreement again in more detail:

1) date started = 10th of ??? 2014?
2) End date specified? What date? OR
3) Term = 6 months? 12months? (in which case it ends on 9th, not 10th)
4) Is there a clause stating what happens AFTER the fixed term above ends? If yes, what exactly does it say?

You have either a SPT or a CPT. The notice period may depend on this. To understand the difference, and the notice periods, read:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

nndh1_2

My apologies, I think I may have not explained this clearly as I'm confused...

Basically I thought 1 month notice was standard notice to move out of a rental property.

My contract States;

"You may end this contract by giving us at least one months notice in writing that you will give up the property on the date shown on the notice. You may give the notice at any time but it must be sent by first class recorded delivery"

My rent is payable on 10th of each month, I gave notice on 17th of this month to move out on 16th Aug, so 1 month notice as specified above.
However the agent has responded;
I am just waiting on confirmation from your landlord that she is happy to accept this as your notice and for you to pay the 7 days extra rent. The reason being is that we do ask notice to be given in line with your rent due date (10th) and as this is not the correct notice date, I do need confirmation.

I can't see anywhere in my contract it states it must be in line with the rent date, only that I must give 1 month notice at anytime. Is this normal? I've never had this before. Just to clarify my contract ended just over 2 months ago and I'm currently rolling....

Guest101

Hi nndh1:

Here's a brief explanation. There are two types of rolling contract.

1: SPT (Statutory periodic tenancy) - created by law, when the fixed term ends, if there are no other rolling monthly contracts, this is the default setting. This is what happens in 9 /10 cases. If you have this, you have to give notice inline with rental periods.

2: CPT (Contractual periodic tenancy) - Created by contract. Sometimes a new contract once the fixed term has expired. Sometimes it's in the original document.

So now we look at the clause: "You may end this contract by giving us at least one months notice in writing that you will give up the property on the date shown on the notice. You may give the notice at any time but it must be sent by first class recorded delivery"

(assuming it's word for word)

There are a number of points.
1: it says contract, not tenancy. Suggesting that this could apply following the initial fixed term tenancy - it's a stretch, but it's poorly worded and consumer protection means if it's ambiguous, its read in the way it would favour you. (does it say anywhere, anything, about what happened after the initial fixed term) ?
2: You may give notice at any time, but it must be sent by... - a contractual term. Quite an important one. Did you send notice by first class recorded delivery?

Understand that letting agents have very basic understanding. They get told it must align with the rental period and that is all they know.

D_M_E

To me, if it started on the 10th then it finishes on the 9th.

If you have to move out on the 10th then I think this would mean having to pay an extra month's rent for the extra day, BUT if your contract specifically says move out on the 10th then this would not apply.

G_M

You need to answer the questions in post 4.

Clauses in contracts are not always enforceable, or may only apply before, or after, the end of the fixed term, depending on context and precise wording.

Hoploz

Well it sounds like it'll be ok, the agent has just said they're going to check with your LL to make sure. If LL is generally reasonable it probably won't be a problem I'd say.

szam_

nndh1 wrote: »

However the agent has responded;
I am just waiting on confirmation from your landlord that she is happy to accept this as your notice and for you to pay the 7 days extra rent. The reason being is that we do ask notice to be given in line with your rent due date (10th) and as this is not the correct notice date, I do need confirmation.

You're quite lucky in that respect.

I'm in a similar situation, rent due on the 9th - didn't look at a property until 12th, applied 13th, approved for it yesterday, notice handed in today.

The LA is trying to spiteful (or is how it seems). They told the OH that we need to be out by the 8th September and nothing would be due. So she handed in the letter today, and they've turned and said we need to pay 8th September to 8th October. I think they've realised that we're more than happy to move before the 8th thinking we'd struggle to move in such a short time frame (we'll actually be handing the keys back before then) so changed their mind.

I know I'm saying their being spiteful, before they mentioned us being out by 8th Sept, I was actually expecting to have to at least pay up till the notice date (this is how it worked on a previous property with them). I don't mind anyway, I understand why they're doing it - I'm more annoyed at them telling us one thing and then a couple days later, another thing.

In that respect, just asking for a weeks rent is quite a good deal.

I won't be letting people in for viewings between now and the date we hand the keys over, they can do this in the month they have paid up when the house is empty.

Guest101

szam_ wrote: »

You're quite lucky in that respect.

I'm in a similar situation, rent due on the 9th - didn't look at a property until 12th, applied 13th, approved for it yesterday, notice handed in today.

The LA is trying to spiteful (or is how it seems). They told the OH that we need to be out by the 8th September and nothing would be due. So she handed in the letter today, and they've turned and said we need to pay 8th September to 8th October. I think they've realised that we're more than happy to move before the 8th thinking we'd struggle to move in such a short time frame (we'll actually be handing the keys back before then) so changed their mind.

I know I'm saying their being spiteful, before they mentioned us being out by 8th Sept, I was actually expecting to have to at least pay up till the notice date (this is how it worked on a previous property with them). I don't mind anyway, I understand why they're doing it - I'm more annoyed at them telling us one thing and then a couple days later, another thing.

In that respect, just asking for a weeks rent is quite a good deal.

I won't be letting people in for viewings between now and the date we hand the keys over, they can do this in the month they have paid up when the house is empty.

If you're paying until OCtober, keep the keys until then...