Help not read/ understood wording in contract- now in trouble

silverchair

Hi

I had posted some time ago about v. loud parties below me. I had received some very good advice. However its got a lot worse (during the week days) & premises now have license for it. So we have decided to move.

We have found another flat (lets say flat signed contracts etc. I didnt want to give notice on the flat Im living in now (flat A) before I found somewhere to live. I expected we would have to pay 2 months lot of rent as flat A & B overlapped.

However when my OH phoned to give notice of flat A ( know it should be written) he was told that notice could only come into effect on a rent day. Since we missed the rent day we must wait for next months rent day to give our 1 month notice. Which means that we are paying 2 months for flat a.

I tried to look at our contract to find where it states this, to realise that in fact I dont understand some of the statements (which Im quite embarrassed about). I have found this paragraph in the contract. Does this mean the above?

"The tenant may terminate this tenancy at any time by giving no less than one months written notice to the landlord to expire at the end of a Rental Period and not earlier than the last day of the Term"


Do we need to pay for 2 lots of council tax 2 months for flat A and 2 months for flat B?

This is looking very expensive.

Also the EA asked us to pay a part of our first months rent (for flat to them as the landlord hasnt paid her fees. Is this correct? Should they be getting us to do this?


Thank you

amandajp_2

I can't advise on your contract as it's a long time since I rented, but with regards to council tax you will only need to pay for the flat you are occupying as unoccupied residential premises are exempt. You may need to provide some evidence that you have left flat A - check with your local council. If so, I am sure a letter from the letting agent would be sufficient.

HTH
Amanda

m1ntie

Yep that is a pretty standard clause in a SHT contract. Your landlord is correct.

Debt_Free_Chick

silverchair wrote: »

"The tenant may terminate this tenancy at any time by giving no less than one months written notice to the landlord to expire at the end of a Rental Period and not earlier than the last day of the Term"

Yes, this is the bit you didn't understand. To be honest, most tenants don't - and quite a few LLs don't either!!! :rotfl:

You can give the notice on any day you like .... but it runs for one month with that month expiring at the end of the Rental Period. The RP should be defined in the contract somewhere, but it's basically the period that runs from the day on which the rent is due, to the day before the next rent payment day. So if the rent is due on 10th of each month, the Rental Period covers the month from the 10th (in any month) to the 9th in the following month.

So if you gave notice on 28 April, you would still pay the rent on 10th May and then you could vacate on 9th June.

If you gave notice on 11 May, you still have to pay the rent on 10th June and then vacate on 9 July.

Also the EA asked us to pay a part of our first months rent (for flat to them as the landlord hasnt paid her fees. Is this correct? Should they be getting us to do this?

If you get a proper receipt from the EA, I don't see a problem. This is a disagreement (possibly) between the EA and the LL. If you've paid what you're supposed to pay, then there's no argument about that. But get the receipt so that you can provide evidence of what you've paid, in the future - if necessary.

silverchair

Hi

I assume SHT stands for Short Hold Tenancy
We have lived at our flat for just under 3 years. Would this be classed as short term? (as I know some people have lived in the flats for 7-9 yrs.

Debt_Free_Chick

silverchair wrote: »

Hi

I assume SHT stands for Short Hold Tenancy
We have lived at our flat for just under 3 years. Would this be classed as short term? (as I know some people have lived in the flats for 7-9 yrs.

Yes - but SHT or AST (Assured Shorthold Tenancy) really refers to the type of rental agreement you have. The agreement may well refer to an "Assured Shorthold Tenancy" under the Housing Act 1988 (or later date).

You can be on a series of ASTs, in the same property, forever ... but the contract and your rights are still an AST

silverchair

Thanx for your replies.
As with the council tax. We havent moved into our new place yet ( signed contracts on tues). What proof would we need to show that we are not living there yet?
I really dont want to pay 2 sets of council tax

SquatNow

silverchair wrote: »

Thanx for your replies.
As with the council tax. We havent moved into our new place yet ( signed contracts on tues). What proof would we need to show that we are not living there yet?
I really dont want to pay 2 sets of council tax

Generally the fact that you are paying council tax for "flat B" is usually enough evidence, but pop into your local council tax office and they will be able to tell you.

Doozergirl

I've never had to provide any evidence, just told the council that the property is empty and unfurnished and they send an amended bill