Tenancy One Month Notice - HELP!

fmhm

Hi all,

Hubby and I have been in the same rented house for two years and 2 months.

from July 25th 2005 - July 24th 2006 our tenancy was on a 1 yr agreement, everything was fine.

from July 25th 2006 to present our tenancy has been on a month by month basis, this was acknowledged by Estate Agent (July 2006) in a letter stating that if we wanted to vacate we had to give one months notice, and if the landlord wanted us to vacate then he had to give two months notice.

Everything was fine, yesterday (friday) we received a letter from the Estate Agent stating that on October 25th our rent would increase.

We decided that we now wanted to vacate and move elsewhere.

We called the Estate Agent, and said that if we gave a months notice, then what date would we need to be out by. She said "if you give notice now, then it takes effect on the 25th of Sept so you leave by 24th Oct".

Now here's the problem...

is she right?

What does one months notice mean?
Is it one month from when we give notice or is it one month from the next rental payout?

Also, side note: when the landlord gives notice of rent increase, whats the notice period that he is required to give? (he's given one month and 19 days)

Please help!

Thank you all so much

lindsaygalaxy

As far as im aware, its one month from rental pay date in which case they are correct.

D4WNO

Yes it should say this in your contract

fmhm

Thanks so much for your replies

Since the contract (annual one) expired already, and we were only given a letter regarding how our tenancy would continue (monthly), does that not mean that the T&C's of the annual contract are no longer valid.

Also, in the letter it doesnt state anything about the rental dates/month, i.e it just says "should you want to vacate then you must give one months notice, and should the landlord wish for you to vacate then he should provide two months notice." (not exact wording).

So would we have grounds to contest about when the month of notice begins?
Or is the law quite specific about the rental month/dates?

Basically, we've found another place, which is ideal and there is very little available (at all), so we want to get in to the new place asap, without having to pay rent at both the new and current place.

ataylorrl

Having been a Residential Lettings Manager in a previous life, I would say that as you have been continuing on a month by month basis following the end of your initial Assured Shorthold Tenancy Agreement, you still only need to give 1 months' notice of vacating. This date should be taken from the day you actually gave notice since you have completed your contracted term.

This would work the same for your Landlord. Under an AST, any Landlord would have to give a minimum of 2 months' notice, regardless of where in the month he gives Notice.

Stand your ground and appeal to their better nature. Is the Estate Agent a member of a professional body? It's worth asking!

Just one thing tho', any Bond that your Letting Agent or Landlord holds should not be used for any outstanding rent - this works both ways.

Good Luck!

fmhm

Thanks!

You're advice is pretty much along the lines of what hubby and I were thinking, but we're layman's when it comes to this sort of thing.

Do you know, (without discrediting your experience), what the law says regarding this matter?

rosysparkle

You are on a statutory periodic tenancy which runs from the 25th of each month to the 24th of the following month. Your landlord can hold you to the notice period of one month from the 25th so if you give notice now you vacate on 24th Oct. However, your landlord can (but doesn't have to) agree to early termination of the tenancy. If you leave early you will be liable for the rent & other outgoings of the property till the end of your tenancy on the 24th of the month unless the property is relet or your landlord moves back in; this automatically terminates your tenancy.

As your tenancy is periodic your landlord can give you one month's notice of a rent increase as long as the rent has not increased in the previous year.

Sorry, I know that's not what you want to hear.

Shelter's website is quite comprehensive on tenancy issues: http://england.shelter.org.uk/advice/advice-7563.cfm

If you have a periodic tenancy, you have to give one month's notice in writing (or longer if you pay your rent less often). The notice should end on the day that your rent is due. Once the notice ends your tenancy ends and you no longer have any right to live in your home.

Guy_Montag

On t'other hand, can anyone confirm that the LL/LA requires two months' notice to raise the rent? If I'm right they cannot raise the rent until 25th November.

fmhm

Thank you for ur replies, you both touched on the areas that have been setting off warning bells in our minds!

the web site was very helpful and has cleared a few things up for us.

With regards to raising the rent, if he does need two months, it doesnt make a difference to us, as we want out before that happens either way (oct or nov) BUT it could mean that we could use their mistake as leverage to get them to let us leave earlier.

We also have direct means of contact with our landlord, so we might try calling him up and stringing the "quicker we're out better for you" line and see what happens.

Also, our landlord has some issues, for example, he lives abroad but comes to the UK during the summer. When he comes to the UK, he always comes to see the house. He never calls before he turns up and if we dont answer the door on the first doorbell he walks in himself with his own key. We told the Estate Agent, and we told him politely that there's no need to do that (besides the fact that its illegal) but it made no difference. Now less than a month after I had a little hissy fit to his face about it, he raises the rent!!

As he broke the terms of contract himself by walking in (on several occassions - once when we weren't even in the country) do we still need to give notice to leave?

Guy_Montag

To be honest I would do things by the book.

olly300

fmhm wrote: »

Also, our landlord has some issues, for example, he lives abroad but comes to the UK during the summer. When he comes to the UK, he always comes to see the house. He never calls before he turns up and if we dont answer the door on the first doorbell he walks in himself with his own key. We told the Estate Agent, and we told him politely that there's no need to do that (besides the fact that its illegal) but it made no difference.

Next time I suggest you either:
1. Tell the landlord to leave immediately or you will call the police. Then call the police if he doesn't leave. (Probably work better if you are female and hysterical on the phone.)

2. Put your complaint in writing and inform the landlord in the letter you will inform the police of harassment if he continues to do this. Keep a copy of the letter until your tenancy ends and you get your deposit back. Then if he does go to the police station, report it and get a crime reference number.

fmhm wrote: »

Now less than a month after I had a little hissy fit to his face about it, he raises the rent!!

This may have nothing to do with the rent increase. If the landlord has not put your rent up for 2 years and it's been managed by an agent, the agent could have pointed out your rent is low. (Remember agents normally get a percentage of the rent. ) This has happened to quite a few people I know when they have not had rent increases for 2-3 years.

fmhm wrote: »

As he broke the terms of contract himself by walking in (on several occassions - once when we weren't even in the country) do we still need to give notice to leave?

Yes.

Firstly you didn't complain about him entering the property properly so it's your word against his, this means you have no evidence.

Secondly if you don't give notice you won't get your deposit back or be able to fight to get your deposit back and the agent could credit blacklist you.