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Advice re: notice of tenancy and contact
theepw
Posts: 21 Forumite
Hi there,
I would very much appreciate some advice from anyone who reads these forums who ‘knows their stuff’ regarding rental notice periods and tenants’ rights once notice has been submitted.
I am currently renting a house from a lettings agent with my other half (we have been living at the rented property for about 2 years). We are now in the process of buying our own property (just awaiting an exchange of contracts date). Therefore we have put in our 1 month notice to our current landlord/letting agent.
When we first started renting this property, the tenancy agreement we signed was a 6 months fixed term. Since the 6 months was up we did not sign a new tenancy agreement, but instead agreed with the letting agent/landlord that we would go with what they called a ‘monthly periodic rolling’ contract. We pay our rent on the 28th of each month.
Before anyone says anything, I have performed thorough searches of the MSE forums to find clarification on my concerns/queries and it appears that there are a lot of mixed views on what a tenants rights are for the period of notice. I gather that a 1 month notice period should ideally be from the date that you pay rent each month and that notice should not be put in mid-month. I understand that the landlord in their own right might be able to ask for the full rent of that month to be paid if notice is put in mid-month.
However, in our contract (the first 6 month contract we signed) it states: ‘The Tenant may end the Tenancy by giving the Landlord one months’ notice in writing at any time after the full term of this agreement’. As I said previously, we have been living at the property now for about 2 years, had not signed a new contract since the first once, but agreed with the lettings agent to change to a periodic rolling contract.
My questions are:
1) I am assuming that the ‘at any time’ phrase means that I can submit my 1 month notice to the landlord/lettings agent mid-month? (and does not have to be a month from the end of a rental period, based on how it reads above)
2) I submitted notice in writing to the lettings agent over a week ago now and have not heard anything back from them! I have both e-mailed them to inform them of the 1 month notice as well as sent a letter to their offices via recorded delivery. I also specified a ‘read-receipt’ with the e-mails I sent them informing them of the notice – the receipt has notified me that my e-mail had been ‘read’ (I’m assuming all you can really deduce from this is that the e-mail was at the very least opened by someone at the letting agents office)
a. Do I assume that if I do not hear anything back from them, that they have therefore accepted our notice period?
b. Should I contact them to confirm they have received and agreed to the proposed notice being given mid-month and proposed leave date?
I really hope you can help, I’m feeling a bit unsure about the whole process and would love some clarification from people who know more than me about this topic (especially as I have never had a great ‘gut-feeling’ about this particular lettings agent).
Thank you!
I would very much appreciate some advice from anyone who reads these forums who ‘knows their stuff’ regarding rental notice periods and tenants’ rights once notice has been submitted.
I am currently renting a house from a lettings agent with my other half (we have been living at the rented property for about 2 years). We are now in the process of buying our own property (just awaiting an exchange of contracts date). Therefore we have put in our 1 month notice to our current landlord/letting agent.
When we first started renting this property, the tenancy agreement we signed was a 6 months fixed term. Since the 6 months was up we did not sign a new tenancy agreement, but instead agreed with the letting agent/landlord that we would go with what they called a ‘monthly periodic rolling’ contract. We pay our rent on the 28th of each month.
Before anyone says anything, I have performed thorough searches of the MSE forums to find clarification on my concerns/queries and it appears that there are a lot of mixed views on what a tenants rights are for the period of notice. I gather that a 1 month notice period should ideally be from the date that you pay rent each month and that notice should not be put in mid-month. I understand that the landlord in their own right might be able to ask for the full rent of that month to be paid if notice is put in mid-month.
However, in our contract (the first 6 month contract we signed) it states: ‘The Tenant may end the Tenancy by giving the Landlord one months’ notice in writing at any time after the full term of this agreement’. As I said previously, we have been living at the property now for about 2 years, had not signed a new contract since the first once, but agreed with the lettings agent to change to a periodic rolling contract.
My questions are:
1) I am assuming that the ‘at any time’ phrase means that I can submit my 1 month notice to the landlord/lettings agent mid-month? (and does not have to be a month from the end of a rental period, based on how it reads above)
2) I submitted notice in writing to the lettings agent over a week ago now and have not heard anything back from them! I have both e-mailed them to inform them of the 1 month notice as well as sent a letter to their offices via recorded delivery. I also specified a ‘read-receipt’ with the e-mails I sent them informing them of the notice – the receipt has notified me that my e-mail had been ‘read’ (I’m assuming all you can really deduce from this is that the e-mail was at the very least opened by someone at the letting agents office)
a. Do I assume that if I do not hear anything back from them, that they have therefore accepted our notice period?
b. Should I contact them to confirm they have received and agreed to the proposed notice being given mid-month and proposed leave date?
I really hope you can help, I’m feeling a bit unsure about the whole process and would love some clarification from people who know more than me about this topic (especially as I have never had a great ‘gut-feeling’ about this particular lettings agent).
Thank you!
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Comments
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Hi there,
I would very much appreciate some advice from anyone who reads these forums who ‘knows their stuff’ regarding rental notice periods and tenants’ rights once notice has been submitted.
I am currently renting a house from a lettings agent with my other half (we have been living at the rented property for about 2 years). We are now in the process of buying our own property (just awaiting an exchange of contracts date). Therefore we have put in our 1 month notice to our current landlord/letting agent.
When we first started renting this property, the tenancy agreement we signed was a 6 months fixed term. Since the 6 months was up we did not sign a new tenancy agreement, but instead agreed with the letting agent/landlord that we would go with what they called a ‘monthly periodic rolling’ contract. We pay our rent on the 28th of each month.
Before anyone says anything, I have performed thorough searches of the MSE forums to find clarification on my concerns/queries and it appears that there are a lot of mixed views on what a tenants rights are for the period of notice. I gather that a 1 month notice period should ideally be from the date that you pay rent each month and that notice should not be put in mid-month. I understand that the landlord in their own right might be able to ask for the full rent of that month to be paid if notice is put in mid-month.
However, in our contract (the first 6 month contract we signed) it states: ‘The Tenant may end the Tenancy by giving the Landlord one months’ notice in writing at any time after the full term of this agreement’. As I said previously, we have been living at the property now for about 2 years, had not signed a new contract since the first once, but agreed with the lettings agent to change to a periodic rolling contract.
My questions are:
1) I am assuming that the ‘at any time’ phrase means that I can submit my 1 month notice to the landlord/lettings agent mid-month? (and does not have to be a month from the end of a rental period, based on how it reads above)
2) I submitted notice in writing to the lettings agent over a week ago now and have not heard anything back from them! I have both e-mailed them to inform them of the 1 month notice as well as sent a letter to their offices via recorded delivery. I also specified a ‘read-receipt’ with the e-mails I sent them informing them of the notice – the receipt has notified me that my e-mail had been ‘read’ (I’m assuming all you can really deduce from this is that the e-mail was at the very least opened by someone at the letting agents office)
a. Do I assume that if I do not hear anything back from them, that they have therefore accepted our notice period?
b. Should I contact them to confirm they have received and agreed to the proposed notice being given mid-month and proposed leave date?
I really hope you can help, I’m feeling a bit unsure about the whole process and would love some clarification from people who know more than me about this topic (especially as I have never had a great ‘gut-feeling’ about this particular lettings agent).
Thank you!
If you've search the forum for threads and read them then I don't know how you've managed to draw those conclusions.
1) The date you pay the rent on is irrelevant. It's the date the tenancy started that's important.
2) Yes you can serve notice at any time but as you pay your rent monthly you need to give at least one full rental period of notice if you have a Statutory Periodic Tenancy. Notice is served not when you send it but when the landlord or agent acting on his behalf receives it. Any other notice period would be dependent on you having a Contractual Periodic Tenancy and that is not clear from your OP.
Here is the link for G_M's guide to Ending/Renewing an AST which you should have already come across in the many, many threads about notice and ending as AST.0 -
Hi there,
I would very much appreciate some advice from anyone who reads these forums who ‘knows their stuff’ regarding rental notice periods and tenants’ rights once notice has been submitted.
I am currently renting a house from a lettings agent - do you mean from a LL with a letting agent acting as agent, or the agent is actually your landlord? with my other half (we have been living at the rented property for about 2 years). - still in fixed contract or now monthly? We are now in the process of buying our own property (just awaiting an exchange of contracts date). Therefore we have put in our 1 month notice to our current landlord/letting agent. -too soon.
When we first started renting this property, the tenancy agreement we signed was a 6 months fixed term. Since the 6 months was up we did not sign a new tenancy agreement, but instead agreed with the letting agent/landlord that we would go with what they called a ‘monthly periodic rolling’ contract. We pay our rent on the 28th of each month. - what date did you move in /get keys / take possession?
Before anyone says anything, I have performed thorough searches of the MSE forums to find clarification on my concerns/queries and it appears that there are a lot of mixed views on what a tenants rights are for the period of notice. - no, there is one view that is correct. I gather that a 1 month notice period should ideally (not, not ideally, exactly) be from the date that you pay rent each month (no, from the date you took possession) and that notice should not be put in mid-month (it cane be, as long as it is more than one month) . I understand that the landlord in their own right might be able to ask for the full rent of that month to be paid if notice is put in mid-month. - and beyond if your notice isn't valid. However all of that is for Statutory Periodic tenancies
However, in our contract (the first 6 month contract we signed) it states: ‘The Tenant may end the Tenancy by giving the Landlord one months’ notice in writing at any time after the full term of this agreement’. - excellent. As I said previously, we have been living at the property now for about 2 years, had not signed a new contract since the first once, but agreed with the lettings agent to change to a periodic rolling contract. - so you have a contractual periodic tenancy
My questions are:
1) I am assuming that the ‘at any time’ phrase means that I can submit my 1 month notice to the landlord/lettings agent mid-month? (and does not have to be a month from the end of a rental period, based on how it reads above) - Yes it seems so
2) I submitted notice in writing to the lettings agent over a week ago now and have not heard anything back from them! - why would you? I have both e-mailed them to inform them of the 1 month notice as well as sent a letter to their offices via recorded delivery. I also specified a ‘read-receipt’ with the e-mails I sent them informing them of the notice – the receipt has notified me that my e-mail had been ‘read’ (I’m assuming all you can really deduce from this is that the e-mail was at the very least opened by someone at the letting agents office)
a. Do I assume that if I do not hear anything back from them, that they have therefore accepted our notice period? - What do you mean accepted? Notice isn't a request.
b. Should I contact them to confirm they have received and agreed to the proposed notice being given mid-month and proposed leave date? - What do you mean agreed?
I really hope you can help, I’m feeling a bit unsure about the whole process and would love some clarification from people who know more than me about this topic (especially as I have never had a great ‘gut-feeling’ about this particular lettings agent).
Thank you!
Notice is not an optional multiple choice question. You are informing them of something, not asking0 -
If you've search the forum for threads and read them then I don't know how you've managed to draw those conclusions.
1) The date you pay the rent on is irrelevant. It's the date the tenancy started that's important.
2) Yes you can serve notice at any time but as you pay your rent monthly you need to give at least one full rental period of notice. Notice is served not when you send it but when the landlord or agent acting on his behalf receives it.
Sorry, I should have clarified:
1) our tenancy started on 28th
2) if the contract specifically states that the tenant can give their 1 month notice at any time after the full term of the agreement; does this mean that our notice period of 30th March - 30th April would be acceptable?0 -
Sorry, I should have clarified:
1) our tenancy started on 28th
2) if the contract specifically states that the tenant can give their 1 month notice at any time after the full term of the agreement; does this mean that our notice period of 30th March - 30th April would be acceptable?
Assuming no other clauses about notice - yes your notice would be correctly issued0 -
Sorry, I should have clarified:
1) our tenancy started on 28th
2) if the contract specifically states that the tenant can give their 1 month notice at any time after the full term of the agreement; does this mean that our notice period of 30th March - 30th April would be acceptable?
30th March to 30th April is one month and one day, not one month.
Your notice will depend on whether you have a contractual or statutory periodic tenancy. What does your original tenancy agreement say will happen at the end of the fixed term?0 -
Notice is not an optional multiple choice question. You are informing them of something, not asking
Thanks for your reply.
In response to your requested clarification of my situation:
- Yes, renting from a LL with a letting agent acting as their agent (however, we are suspicious that the agent is actually landlord)
- Now paying monthly, 6 month fixed term finished over 1.5 years ago
- We took possession on 28th
- The lettings agent mentioned something along the lines of us being on a monthly periodic rolling, we have not signed a new tenancy agreement since our initial 6 month fixed term tenancy agreement, over 1.5 years ago
- Sorry, I should have clarified, we have put in a months notice + a few days; so I was wondering whether I need confirmation from them that they are happy for us to do that? (as our notice is technically longer than a month)0 -
30th March to 30th April is one month and one day, not one month.
Your notice will depend on whether you have a contractual or statutory periodic tenancy. What does your original tenancy agreement say will happen at the end of the fixed term?
The tenancy agreement says:
'The Tenant may end the Tenancy by giving the Landlord one months' notice in writing at any time after the full term of this agreement.'
The above quote is taken from our initial 6 month-fixed term tenancy agreement when we first moved in the property. We have been living in the property for just over 2 years now. We have not signed a new tenancy agreement since but agreed with the lettings agent/LL about 1.5 years ago that we are on a monthly periodic rolling.0 -
Thanks for your reply.
In response to your requested clarification of my situation:
- Yes, renting from a LL with a letting agent acting as their agent (however, we are suspicious that the agent is actually landlord) - that's fine, it's whoever is named on the tenancy.
- Now paying monthly, 6 month fixed term finished over 1.5 years ago
- We took possession on 28th - so your periods ran 28th-27th
- The lettings agent mentioned something along the lines of us being on a monthly periodic rolling, we have not signed a new tenancy agreement since our initial 6 month fixed term tenancy agreement, over 1.5 years ago - yes it just depends if you are on a contractual or statutory one
- Sorry, I should have clarified, we have put in a months notice + a few days; so I was wondering whether I need confirmation from them that they are happy for us to do that? (as our notice is technically longer than a month)
Notice can be a year if you want, it must be a minimum of a month0 -
The tenancy agreement says:
'The Tenant may end the Tenancy by giving the Landlord one months' notice in writing at any time after the full term of this agreement.'
The above quote is taken from our initial 6 month-fixed term tenancy agreement when we first moved in the property. We have been living in the property for just over 2 years now. We have not signed a new tenancy agreement since but agreed with the lettings agent/LL about 1.5 years ago that we are on a monthly periodic rolling.
Yes I know you have a periodic tenancy. I was trying to establish whether it's a statutory or contractual periodic tenancy it makes a difference regarding your notice.0 -
Yes I know you have a periodic tenancy. I was trying to establish whether it's a statutory or contractual periodic tenancy it makes a difference regarding your notice.
Oh I see.
Sorry, I'm not sure of the difference between the two (i.e. statutory vs contractual)
The estate agent certainly had not clarified this any further since they originally offered for us to go from a fixed to monthly rolling. The only option they gave us at the time, was to continue on a fixed 6 month term contract or switch to a monthly rolling.
I'm assuming that this is something they should have clarified with us back then? If I had known that there were different types, I would certainly have queried this a long time ago, especially if it were to have implications on our notice period.0
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