Notice on periodic tenancy

juliep_2

I gave written notice in August (12 months after moving in) to the letting agents to leave in September as we were buying a house. The completion was delayed so my partner rang the letting agent to ask them if it was okay to extend for 1 month and they agreed verbally.
We moved out last week and contacted the letting agents before the end of the months rental period to arrange a leaving inspection and they told us that they couldn't arrange it until I put it in writing. I emailed as above and now they've replied saying that we have to pay another months rent as the verbal agreement wasn't enough.
Any advice please?

sniggings

juliep wrote: »

I gave written notice in August (12 months after moving in) to the letting agents to leave in September as we were buying a house. The completion was delayed so my partner rang the letting agent to ask them if it was okay to extend for 1 month and they agreed verbally.
We moved out last week and contacted the letting agents before the end of the months rental period to arrange a leaving inspection and they told us that they couldn't arrange it until I put it in writing. I emailed as above and now they've replied saying that we have to pay another months rent as the verbal agreement wasn't enough.
Any advice please?

Read your contract, does it say notice has to be written? if so then they are correct, if not then the verbal agreement would be acceptable, especially as they seem to have acknowledged that notice was given verbally.

DandelionPatrol

juliep wrote: »

Any advice please?

Yes. Look at what would have happened if you had given notice when you were certain of moving out - ie when you called for an inspection. And pay according to that.

Be grateful you were not made homeless too.

Giving notice assuming that a certain date will be met seems to be a frequent situation with renters who buy a house. When renters buy, they should not give notice until contracts are exchanged and a completion date is agreed. Yes, it means an overlap, but this should be budgetted for.

HappyMJ

juliep wrote: »

I gave written notice in August (12 months after moving in) to the letting agents to leave in September as we were buying a house. The completion was delayed so my partner rang the letting agent to ask them if it was okay to extend for 1 month and they agreed verbally.
We moved out last week and contacted the letting agents before the end of the months rental period to arrange a leaving inspection and they told us that they couldn't arrange it until I put it in writing. I emailed as above and now they've replied saying that we have to pay another months rent as the verbal agreement wasn't enough.
Any advice please?

The landlord could ask for mesne profits if you stay after the date you said you would leave. Mesne profits don't give you a proper tenancy you can leave at any time without having to give notice again but you pay "double" rent (calculated daily) until you do.

theartfullodger

HappyMJ wrote: »

The landlord could ask for mesne profits if you stay after the date you said you would leave. Mesne profits don't give you a proper tenancy you can leave at any time without having to give notice again but you pay "double" rent (calculated daily) until you do.

Correct:
Distress for Rent Act 1737, Section 18

And no, that's by no means the oldest Act affecting landlord & tenant in UK: In particular note the Scottish Leases Act of 1449, see
https://en.wikipedia.org/wiki/Rent_control_in_Scotland#The_Leases_Act_1449
&
http://www.legislation.gov.uk/aosp/1449/6/paragraph/p1

Item it is ordanit for the sauftie and fauour of the pure pepil that labouris the grunde that thai and al vthiris that has takyn or sal tak landis in tym to !!! fra lordis and has termes and yeris thereof that suppose the lordis sel or analy thai landis that the takaris sall remayn with thare takis on to the ische of thare termes quhais handis at euir thai landis !!! to for sic lik male as thai tuk thaim of befoir .

You need to look at the British Government legislation link to work out what MSE's though police have censored....

G_M

I'd love to know how many letting agents know about mesne profits or the 1737 Act. 10%? 5?

I assume the original notice you served in August was valid? Tied in with expiry of either your fixed term or tenancy periods?

Since you have an email from them (it seems) confirming that they gave you a verbal agreement "to extend for 1 month", then you need to pay for 1 month.

Furthermore, tenancy periods (if, indeed, your tenancy is/was periodic) cannot be apportioned other than by agreement ( the Deregulation Act 2015 changes this but only for tenancies created after 1/10/15).