Notice to quit not being accepted.

Hammath

Hey,

First time posting so will keep it short and to the point.

Private tenant in a 1 year agreement that ended on 11/08/16. Kept the property on as we were waiting for a new kitchen being fitted before signing a new lease (agreed with landlord and letting agent).

Fast forward to now and after issues with the landlord telling me and the letting agent different stories we have no faith in the landlord and a bad taste in our mouths, so we start looking at alternative rentals.

So we find a new property with a different agent, 2 viewings later we apply and are accepted.

But, out exsisting agent will only accept a notice to leave when the final day of the 28 days notice falls a day before the rent is due.

So i have paid a full months rent on 8th Sept (contract runs from the 11th of the month but payment is 3 days earlier to allow it to clear).

So basically my current agent will only accept my notice to quit when i pay a full months rent on 8th October and move out before the rent is due on 8th Nov. But the landlord of the place we are looking at want a tenant sooner than that.

Im not in a position to pay rent for the current place and a months rent up front for the new place from the same wage.

So we are going to lose the new rantal which we want because the current agent wont let us leave, but we are out of contract in a periodic or rolling month contract so i dont understand how this is legal??

It is mentioned in my tenancy agreemenr that in a periodic tenancy the notice to quit must end the day before the rent due date, but the tenancy agreement expired on 11/08/16 so is it still relevant? Or are they imposing a home made rule to get another months rent from us?

Yeah I really didnt keep that short, sorry!

Thanks in advance

Guest101

Hammath wrote: »

Hey,

First time posting so will keep it short and to the point.

Private tenant in a 1 year agreement that ended on 11/08/16. Kept the property on as we were waiting for a new kitchen being fitted before signing a new lease (agreed with landlord and letting agent).

Fast forward to now and after issues with the landlord telling me and the letting agent different stories we have no faith in the landlord and a bad taste in our mouths, so we start looking at alternative rentals.

So we find a new property with a different agent, 2 viewings later we apply and are accepted.

But, out exsisting agent will only accept a notice to leave when the final day of the 28 days notice falls a day before the rent is due.

So i have paid a full months rent on 8th Sept (contract runs from the 11th of the month but payment is 3 days earlier to allow it to clear).

So basically my current agent will only accept my notice to quit when i pay a full months rent on 8th October and move out before the rent is due on 8th Nov. But the landlord of the place we are looking at want a tenant sooner than that.

Im not in a position to pay rent for the current place and a months rent up front for the new place from the same wage.

So we are going to lose the new rantal which we want because the current agent wont let us leave, but we are out of contract in a periodic or rolling month contract so i dont understand how this is legal??

It is mentioned in my tenancy agreemenr that in a periodic tenancy the notice to quit must end the day before the rent due date, but the tenancy agreement expired on 11/08/16 so is it still relevant? Or are they imposing a home made rule to get another months rent from us?

Yeah I really didnt keep that short, sorry!

Thanks in advance

Basically agent is correct ( take my word for it )

You actually move out by 10th Nov, as that's what your paying until

anselld

So you need to serve notice by 11th October at the latest to leave on 10th November unless you can negotiate better. They are not making up the rules, they are defined in the Housing Act.

marksoton

I'd say the tenancy is still enforceable. It's just moved to a rolling one.

Have you read the tenancy in full?

Hammath

Why are they right though? Anywhere ive read up about this states that you can give 28 days notice to quit at any time during the month and just cover the difference in rent between when the rent is due and when you leave the property. ie 1/2 weeks

anselld

Hammath wrote: »

Why are they right though? Anywhere ive read up about this states that you can give 28 days notice to quit at any time during the month and just cover the difference in rent between when the rent is due and when you leave the property. ie 1/2 weeks

Where have you read that? It is completely erroneous.

Were you paying rent Monthly or every 28 days?

Hammath

Rent paid monthly by date on the 8th, contract runs 11th to 11th. (before it expired)

Housing advice Ni makes no mention of the notice being on a specific date.

Miss_Samantha

Are you in Northern Ireland, then?

G_M

Oh good grief! Talk about drip-feeding relevant information!

Very few of us here know the law on lettings in N Ireland.

Check the NI Shelter website.

Hammath

Yeah sorry.

Houseing advice Ni is the relevant body and they dont mention a date. Will contact them directly in the morning.

The new agent is adament that it isnt legal, but of course they would be...

Prothet_of_Doom

Hammath wrote: »

Why are they right though? Anywhere ive read up about this states that you can give 28 days notice to quit at any time during the month and just cover the difference in rent between when the rent is due and when you leave the property. ie 1/2 weeks

As a relatively new Landlord, I think (I know) that I'd be reasonable if they can be reasonable with me. Give me 1 months notice, and if that falls in the middle of the rental period, so what? I got a months notice, so I should (if the current tenant helps me with viewings*) be able to avoid a void.

*When I say help, my preference is to advertise, stack up all the interested viewers into one afternoon, and do them all in one block. When we took on our empty rental we had 6 viewers in 5 days, and 3 wanted it, so with the tenant allowing viewings, I see no reason to play hard ball.