Moving out, Notice Given, Rental Period Clarification Request.

Tomandlauren2015

Hi, I am hoping someone can confirm for me...

I am not very clued up with legislation and renting properties and will admit to maybe being a little naive here but, due to various issues we have decided to move out of our rented property of over 5 years. We have been offered another home renting which we have snapped up and was happy to provide our landlord with the 30 days notice and pay up to that 30th day.

I have now been advised that because I moved into the property on a certain date the 30 days notice must end on the day previous to the date I moved in (moved in on 7th and rent payable to toe 6th. This adds 22 days rent that I am now being asked to pay.

The reason I say I was naive is because there is a clause in the tenancy agreement that states 'the one-month notice must always be given so that the 30 days expires on the end of a rental period'. 

Now my tenancy agreement was initially only for 6 months which ended in 2016 but just carried on rolling over so not sure if this means the above clause is still valid or not?

If anyone can confirm that would be great!

PRAISETHESUN

It all comes down to what was agreed by you and the LL when you signed your TA. When your fixed term expired you should have automatically moved onto a periodic tenancy - there should be clauses in your TA to describe what happens in this situation. Generally, you continue on the same terms as you were previously during the fixed term (unless your TA specifies something different happens during the periodic period). In this case your TA requires you to give notice such that it ends on the monthly rental period, which is a pretty standard requirement. I don't think you have much wiggle room here - unfortunately you're purely at the mercy of your LL and are relying on their goodwill to accept less notice than you are legally required to provide.

MaryNB

If the tenancy agreement does not state it will become rolling, it then becomes rolling under a Statutory Period Tenancy (if in the contract it's a Contractual Period Tenancy and the tenancy agreement should specify the notice terms for the rolling part of the contract). 

Under an SPT the "period" is equivalent to the rental period. Each period starts the same day of the month as when your tenancy started and the length depends on how often you pay rent. Most people pay it monthly. You need to give notice of one period. Although, it's not very clearly written in some places.

From Citizens Advice:

When to give notice
You can usually give notice at any time, unless you have a break clause or a tenancy agreement that says otherwise.
The notice you give has to end on the first or last day of your tenancy period.

If your tenancy period runs from the 4th of each month to the 3rd of the next month this would mean:

• the first day of your tenancy period would be the 4th of the month

• the last day of your tenancy period would be the 3rd of the next month

So your notice would have to end on either the 3rd or 4th of the month.

Shelter England isn't as clear But does given an example of a notice to quit. Note the bit I highlighted in italics.

Example of a notice to quit
Here is an example of what to write if your rent is due monthly.

NOTICE TO QUIT
To: landlord or agent's name and address
From: your name and address
I am giving 1 month's notice to end my tenancy as required by law.
I will be leaving property address on tenancy end date, or on the day when a complete period of my tenancy ends next after 4 weeks from the day this notice is served.
Signed: your signature
You may need to give more notice than this if your most recent agreement contains a clause about giving notice.

yksi

The clause and situation you describe is standard. You would not be the first to think you can just give 30 days' notice, but in general, you will need to give at least "one period" of notice, which, if you pay your rent monthly, will be in respect of the day the period ticks over into the next. You essentially give notice by saying "the next rental period will be my last" and then you pay that next period in full. You don't generally have the right to pay only part of a rental period. You can leave in the middle of it, but you're responsible for the property and its rent for that whole period, or until they find another tenant (by agreement with you, if they will agree to do so).

Some landlords will allow you to pay part if enough notice is given but they're not required to do so and it appears that your landlord is playing it by the book. They might be willing to negotiate if you point out that there is incredible demand for properties right now, they are getting snapped up very quickly, and you would be willing to allow people to tour your property before you move out.

AdrianC

Tomandlauren2015 said:

I am not very clued up with legislation and renting properties and will admit to maybe being a little naive here but, due to various issues we have decided to move out of our rented property of over 5 years. We have been offered another home renting which we have snapped up and was happy to provide our landlord with the 30 days notice and pay up to that 30th day.

I have now been advised that because I moved into the property on a certain date the 30 days notice must end on the day previous to the date I moved in (moved in on 7th and rent payable to toe 6th. This adds 22 days rent that I am now being asked to pay.

The reason I say I was naive is because there is a clause in the tenancy agreement that states 'the one-month notice must always be given so that the 30 days expires on the end of a rental period'. 

Perfectly normal.
And, yes, you do need to give one full rental month's notice, not just a calendar month.

Have you spoken nicely to your landlord, see if they'll waive it?

Now my tenancy agreement was initially only for 6 months which ended in 2016 but just carried on rolling over so not sure if this means the above clause is still valid or not?

If anyone can confirm that would be great!

No, it just went over onto a rolling periodic tenancy on the same terms - that's why you can give a month, and don't need to wait for a fixed period to expire...

Tomandlauren2015

Thank you all, we are on good terms and of course I will pay my due's it was just unexpected. I have signed the contract at the end of the day and not the landlord's fault I didn't understand this and I wouldnt want them to be out of pocket due to my naiveness.

Thanks again.

MaryNB

You could offer to find a suitable replacement tenant. If they can move in earlier and your landlord agrees you could reduce your liability.

FaceHead

Like most things, the answer here is to talk to the other party. Ask the landlord if they will accept you leaving on x date.  They are probably worried that they won't be able to find another tenant in the current climate, so may want to hang onto you as long as possible. They might also be a decent person, value the 5 years you've been a good tenant for and/or appreciate you co-operating with viewings etc. 

Ask. If you don't feel they are being reasonable, then you can also be unreasonable by e.g. telling them you have COVID so no one can view the property until after you move out.