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Handing in notice?

21yrold
21yrold Posts: 292 Forumite
edited 19 October 2015 at 1:22PM in House buying, renting & selling
Afternoon,

My tenancy was from 1st May 2015 on a AST for 6 months, This would be the 6th month wouldn't it?

On an Assured Shorthold Tenancy
Term: 6 months From : 1 May 2015
RENT : £695 (six hundred and ninety five pounds) per calendar month

Property : The dwelling house situated at and being 6 xxxxxxx xxxxxxxxx xxxxxxxx xxxxxx xxxxxxx

(Together with the fixtures, furniture and effects therein and more
particularly specified in the Schedule hereto).
Term : A term certain of 6 calendar months from : 1 May 2015
Rent : £695 (six hundred and ninety five pounds) per calendar month
(subject nevertheless as hereinafter provided).
Payable : in advance by equal monthly payments of £695 (six hundred and
ninety five pounds) per calendar month


I've never handed in a notice before so I would like to make sure its done correctly, If I hand my notice in before 31st October then I presume I'm going to have to stay in the house until November 30th?

Is that correct?

Who do I let know, the estate agents or the landlady and in a standard letter just saying we would like to end out tenancy?

I'm really sorry if all this sounds simple, I just want to make sure I'm right in how I conduct myself!

Also, when would be our last payment, 1st November I presume?

I'm being made redundant so I would like to get it all in order before hand!
Halifax loan - 6800 - 198 DD a month
Barclay card 0% - £2000 - £150 DD a month
«1

Comments

  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    You can just leave on or before the 31st October if you want. You rented the property for 6 months and can leave on or before the last day of the tenancy without having to give notice.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    The contract lasts 6 months starting on 1st May.

    so it ends on 31st Oct.

    Whether you serve notice or not.

    Now 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?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    21yrold wrote: »
    Afternoon,

    My tenancy was from 1st May 2015 on a AST for 6 months, This would be the 6th month wouldn't it?

    On an Assured Shorthold Tenancy
    Term: 6 months From : 1 May 2015
    RENT : £695 (six hundred and ninety five pounds) per calendar month

    Property : The dwelling house situated at and being 6 xxxxxxx xxxxxxxxx xxxxxxxx xxxxxx xxxxxxx

    (Together with the fixtures, furniture and effects therein and more
    particularly specified in the Schedule hereto).
    Term : A term certain of 6 calendar months from : 1 May 2015
    Rent : £695 (six hundred and ninety five pounds) per calendar month
    (subject nevertheless as hereinafter provided).
    Payable : in advance by equal monthly payments of £695 (six hundred and
    ninety five pounds) per calendar month


    I've never handed in a notice before so I would like to make sure its done correctly, If I hand my notice in before 31st October then I presume I'm going to have to stay in the house until November 30th?

    Is that correct?

    Who do I let know, the estate agents or the landlady and in a standard letter just saying we would like to end out tenancy?

    I'm really sorry if all this sounds simple, I just want to make sure I'm right in how I conduct myself!

    Also, when would be our last payment, 1st November I presume?

    I'm being made redundant so I would like to get it all in order before hand!


    You can leave on or before the 31st of October, with no more rent owing (assuming you paid in advance like 99.99% of tenancies).


    If not, you could be there until New Years Eve.
  • 21yrold
    21yrold Posts: 292 Forumite
    Guest101 wrote: »
    You can leave on or before the 31st of October, with no more rent owing (assuming you paid in advance like 99.99% of tenancies).


    If not, you could be there until New Years Eve.


    We paid 1 month in advance with the deposit, I would love to still be here on NYE but that's not how life works haha

    Thanks for the advice guys, the landlady has been amazing with us, it's a shame we can't stay but I might give it 1 more month then we can move back in with parents.

    It's good to know we can leave 31st October, If we don't leave then I will let her know that will be our last month.

    Thanks again guys
    Halifax loan - 6800 - 198 DD a month
    Barclay card 0% - £2000 - £150 DD a month
  • Guest101
    Guest101 Posts: 15,764 Forumite
    21yrold wrote: »
    We paid 1 month in advance with the deposit, I would love to still be here on NYE but that's not how life works haha - If you don't leave on or before the 31st October, you'll be liable for rent until then anyway (dunno where you'll physically be)

    Thanks for the advice guys, the landlady has been amazing with us, it's a shame we can't stay but I might give it 1 more month then we can move back in with parents. - That's not how notice works.

    It's good to know we can leave 31st October, If we don't leave then I will let her know that will be our last month. - It wont necessarily, the LL might accept the notice, but wouldn't have to

    Thanks again guys

    Notice is 1 month, in line with rental period. for you that's the 1st until 30th/31st (or 28th if Feb), you cannot give notice before the end of the fixed term.


    (there is debate around the validity of notice served on the 1st day - something I think is possible, but I don't advocate as it could cost you a months rent to find out)


    So therefore the notice would expire after 1 month and 30 days. i.e. December 31st 2015
  • 21yrold
    21yrold Posts: 292 Forumite
    Guest101 wrote: »
    Notice is 1 month, in line with rental period. for you that's the 1st until 30th/31st (or 28th if Feb), you cannot give notice before the end of the fixed term.


    (there is debate around the validity of notice served on the 1st day - something I think is possible, but I don't advocate as it could cost you a months rent to find out)


    So therefore the notice would expire after 1 month and 30 days. i.e. December 31st 2015

    Oh, so we would go back into a 6 month contract?

    I thought we would be on a rolling contract as of November 1st which would be 1 months notice for us and 2 months notice for her?

    If that's not the case then we would be leaving on 31st October for sure!!
    Halifax loan - 6800 - 198 DD a month
    Barclay card 0% - £2000 - £150 DD a month
  • Guest101
    Guest101 Posts: 15,764 Forumite
    21yrold wrote: »
    Oh, so we would go back into a 6 month contract?

    I thought we would be on a rolling contract as of November 1st which would be 1 months notice for us and 2 months notice for her?

    If that's not the case then we would be leaving on 31st October for sure!!


    No it's a monthly contract, but inline with rental periods.


    So best case would be serve notice between November 1st and 30th and be out on or before December 31st (last day of the tenancy)


    The LL might accept a different notice, but they don't have to - so the best thing to do is either move out before November 1st, or accept you might be paying until December 31st.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Unless your tenancy agreement specifies otherwise your tenancy will become a Statutory Periodic Tenancy if you remain in the property after 31st October. You cannot give notice to end a tenancy which has not started therefore you cannot give notice now to end an SPT which isn't due to start 1st November.

    At no point has anyone suggested that you would start another 6 month fixed tenancy agreement if you remain in the property after 31st October.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    21yrold wrote: »
    Oh, so we would go back into a 6 month contract?

    I thought we would be on a rolling contract as of November 1st which would be 1 months notice for us and 2 months notice for her?
    Depends where you are.

    In Scotland, you'd go back onto a new 6month contract (unless agreed otherwise).

    We've so far assumed you are in England/Wales, so you can either
    * leave on 31st Oct (notice polite but optional) or
    * stay till 1st Nov and move to a monthly rolling tenancy (notie required)
  • 21yrold
    21yrold Posts: 292 Forumite
    We are in the UK, Birmingham.

    I think it's best for all parties if we leave on 31st October as it's due to relationship breakdown and redundancy, So I don't want to be paying it all myself.

    I will let the landlady know ASAP so they can post an advert.
    Halifax loan - 6800 - 198 DD a month
    Barclay card 0% - £2000 - £150 DD a month
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