Urgent advice on notice/vacating a property

rero71 · 14 April at 6:58PM

Hello,

we are on a 1year AST that expires on April the 30th, and we have given formal notice to our landlord right now, 14th of April.

He's asking for a full May month's rent, too.

We have this written on the contract:

Image: https://us-noi.v-cdn.net/6031891/uploads/editor/3t/ed25i0crzdoo.png

We will be leaving the property in a few days, could anyone knowledgeable on the matter help us out understanding if the landlord is right or not?

Many thanks

Ayr_Rage · 14 April at 7:09PM

Looks pretty clear cut to me, if you have been paying rent monthly then you owe for May.

Bookworm225 · 14 April at 7:18PM

you have a contractual condition requiring you to give the LL one calendar month's notice that you do not wish to continue the tenancy at the end of the fixed period. That therefore should have been served on or before 1 April and expires on 30 April

by waiting until 14th April you are too late and therefore jump 1 calendar month to the next minimum notice period being 1 May - 31st May

by accepting the contract with that term in you leave yourself open to being sued by the LL for breach of contract, notwithstanding that the fixed term expired on 30 April.

the LL is correct. Did the LL not ask you if you intended to continue after the fixed term (they are not required to but it would be strange business behaviour not to find out what was going to happen to their property on 1 May) as it seems odd that if you knew you did not want to, why ignore that contract term or at least let them know sooner than the 14th?

GDB2222 · 14 April at 8:43PM

I suppose it is worth noting that you can stay on until 31 May.

Tabieth · 14 April at 9:11PM

Yes, as others have said, you owe rent for the whole month of May as you need to give a whole calendar month’s notice.

FlorayG · 15 April at 7:53AM

Sad but true. You have to give notice of one 'payment period' and as you gave notice after the April payment was made, you owe May as well. LL can let you off that if they want to but if LL doesn't, you have to pay

rero71 · 15 April at 7:57AM

Thanks everyone

Sue_S · 16 April at 12:03PM

If I were you I would check with Shelter as to the legalities. My daughter was in the same situation and being asked for two months' rent. She didn't have to pay as legally the contract expires on the date stated, a new tenancy doesn't start until one day later (usually a 'rolling' tenancy). Legally you can leave on the last day of the contract without giving any notice at all. Please check this out as this happened quite a few years ago and things may have changed.