Notice period at the end of the month?

markimark1984

Hi all,

My partner has just given his one month's notice into his letting agents. It was dated the 15th January this year. He was expecting to check out and give the keys back on the 15th Feb.

He has just been told today that they can only accept notice on the last day of a rental period, ie. Jan 27th to end on Feb 28th.

I have yet to look through the contract, but I was just wondering if the letting agents are correct here? or is this simply a fact of if it's in the contract then it's tough?

Even though he gave his one month's notice in a week ago he will still have to wait another month and a week until the end of Feb.

I'd really appreciate it if there is anyone with experience in these matters to let me know where we stand here!

Thanks in advance for all the help.

Mark

Pixie5740

More information is required.

Is this a property in England or Wales?

What date did the tenancy start?

How frequently is the rent paid? Weekly, monthly?

Was the initial tenancy a fixed term? If so for how long?

See Ending/Renewing an AST for further information.

markimark1984

Pixie5740 wrote: »

More information is required.

Is this a property in England or Wales?

What date did the tenancy start?

How frequently is the rent paid? Weekly, monthly?

Was the initial tenancy a fixed term? If so for how long?

See Ending/Renewing an AST for further information.

Thanks for your reply. Here is the extra info:

It is in England.

First started 28th November 13

Fixed term contract of 1 year

Pixie5740

Your partner either started a Contractual Periodic Tenancy or a Statutory Periodic Tenancy 28th November 2014 (assuming your partner didn't sign any further tenancy agreements).

Read the tenancy agreement. If it doesn't say what will happen at the end of the fixed term then your partner has a SPT and if the rent is paid monthly then the letting agency is almost correct as notice has to align with tenancy periods. Therefore notice served 15th January will end the tenancy 27th February.

G_M

As pixie says.

* if contracts states what happens at end of fixed term (27th Nov 2014) then it's a CPT & notice is whatever is in the contract

* if not, it's a SPT and notice is as agent says (except it will end on 27th Feb not 28th)

See

* 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?

HappyMJ

markimark1984 wrote: »

Hi all,

My partner has just given his one month's notice into his letting agents. It was dated the 15th January this year. He was expecting to check out and give the keys back on the 15th Feb.

He has just been told today that they can only accept notice on the last day of a rental period, ie. Jan 27th to end on Feb 28th.

I have yet to look through the contract, but I was just wondering if the letting agents are correct here? or is this simply a fact of if it's in the contract then it's tough?

Even though he gave his one month's notice in a week ago he will still have to wait another month and a week until the end of Feb.

I'd really appreciate it if there is anyone with experience in these matters to let me know where we stand here!

Thanks in advance for all the help.

Mark

He can leave and hand the keys back on the 15th Feb if he wants to.

He'll be liable for council tax until the 27th Feb though if the landlord doesn't get a new tenant in before then.

markimark1984

Thanks both for your advice it's really appreciated. I will have a closer look at the contract.

G_M

HappyMJ wrote: »

He can leave and hand the keys back on the 15th Feb if he wants to. Indeed. any tenant can do this at any time during any tenancy. But not without potential financial repercussions....

He'll be liable for council tax, utilities, rent and other tenancy-related costs and obligations until the 27th Feb though if the landlord doesn't get a new tenant in before then.

just filling in the gaps there......