Giving notice to leave property - do dates matter?

scoff_2

My brother usually pays his rent on the first of the month. He now wishes to leave his property, and therefore gave his landlord one months notice on 16th of this month, to leave on 16th Feb. Landlords agents are saying that his notice must be given on the day his rent is due, therefore he cannot leave until 1st March. Is this normal practice? He's going to check his contract over tonight, but I'm pretty sure that it just states 'one months notice to be given' or words to that effect.

Any advice much appreciated :beer:

cattie

It's perfectly usual for a notice period to need to take effect from the date that rent is due.

PasturesNew

Yes that is normal. And it is the minimum. If he'd signed an AST for 6- or 12-months he wouldn't even have that luxury as he'd be responsiblel for paying for the remainder of that time.

So he should count his lucky stars he's not signed one of those, or it expired.

chinatown_2

PasturesNew wrote: »

Yes that is normal. And it is the minimum. If he'd signed an AST for 6- or 12-months he wouldn't even have that luxury as he'd be responsiblel for paying for the remainder of that time.

So he should count his lucky stars he's not signed one of those, or it expired.

Sorry to but in. Whats an AST? We have a 12 month contract and have just bought a house so we need to give notice soon.

PasturesNew

chinatown wrote: »

Sorry to but in. Whats an AST? We have a 12 month contract and have just bought a house so we need to give notice soon.

An AST is an Assured Shorthold Tenancy. This could be what you call a 12 month contract - you need to dig this out and look at the words on the top/front.

When you sign an AST you are committing to that period of time - and so is the Landlord. At the end of the period of time in the agreement, you will either sign another one, or go onto a Periodic Tenancy. If you go onto a periodic one then you need to give 1 month's notice counting from the next rent day.

However, if you are still within the time limits of a signed AST you are responsible for paying the rent until the end, unless:
1] You or the landlord can find somebody else who wants the property. If the landlord incurs costs in finding somebody then you would be liable for these costs too
2 If you and the landlord can reach an amicable arrangement to finish the tenancy early. Although the landlord is not obliged to do so.

If you are in an AST and cannot come to an arrangement with the landlord and if you/he cannot find anybody else to rent the property, then you will be responsible still until the end of that agreement whether you are living there or not.

chinatown_2

:eek: omg Im going to find that contract tonight! Thanks for the info.