giving notice for rented flat advice needed

lynne1985

thanks for the reply, as my rent is paid on the 12th of each month does that mean they will take my months notice from the next payment date which is 12th June so my notice won't be up until 12th July? i gave my notice last week on the 20th to move out on the 1st July and that's when they contacted me to say i couldn't move out before the 8 weeks, its only 2 extra weeks but finances are stretched right now and i don't want to be paying rent for 2 properties.

tbs624

Okay - have a look back at post number 2 in this thread. Now that you've explained things more - effectively your LL/LA is not saying that you have to give 8 weeks notice - they are saying that you have to give one month's notice but, quite rightly, they are pointing out that it has to co-incide with what is called "the rental period". A LL & T can agree between them to do it differently but neither side can insist.As I said in Post 2, if you get the date wrong you run into another tenancy period:

Post 2 -

tbs624 wrote: »

If you have not signed a new AST, then the agreement will have become a Periodic one and under this if you pay your rent monthly then your LL has to give you 2 month's notice, but as a Tenant you have to give one month. The notice must end on the last day of a rent period: if you pay rent on 2nd of the month the notice has to expire on the 1st of a month, ie. if you wanted to move out on 1st July you would need to give notice by 2nd June - miss it by a day or two and you'd be obliged to pay rent through until 1st August. Your letter merely needs to say that you are giving one month's notice under the terms of Periodic Agreement and will be moving out on whichever date that is. Keep a copy of your letter and either hand deliver it or send Rec Del (allow for postal delay in your timing). You may want to arrange for the LL to call round to the property on an agreed date sometime in the last fortnight of your tenancy so you can check through anything that may cause disagreement or delay the return of your deposit.

lynne1985

hi guys my current landlord is now avoiding me when i phone he never answers or someone states he will call back but never does, its 3 and a half weeks until i am supposed to hand back the keys the house hasn't been put back on the market no one has came out to see what needs replacing fixing or upgrading for the next tenants and im due to pay rent from the 12th June until the 1st of July but no one has got back to me to let me know how much im due to pay moving house is stressful enough without all this cr*p! any advice on what to do now?

clutton_2

go to see your local tenancy officer at the council and get them to write to your landlord as previously suggested

catmedia

If a landlord never signs a AST, what form of agreement does it roll into then?

clutton_2

- as long as rent is being paid and received it will be an assured shorthold tenancy agreement

tbs624

catmedia wrote: »

If a landlord never signs a AST, what form of agreement does it roll into then?

The default tenancy is an AST as mentioned by Clutton, but note that this is for those tenancies which began after 27 Feb 1997.

Where there is no fixed fixed term, this will be a periodic tenancy, ie month to month ( 1 months notice from tenant/two from LL).

The LL does have to give the Tenant a written statement of the main terms of the tenancy within 28 days of a request to do so: these include tenancy start date, whether there is a fixed term and if so until which date, rent due date, amount payable & payment method plus any provisions for rent review.

Any Tenant without a written tenancy agmt should always seek advice from a local council's private sector TRO (tenancy relations officer) or from Shelter 0800 0808 4444, especially if asked by the LL to leave the property (and this is especially so for a Tenant who has been in place from either pre Jan 1989 or pre Feb 1997,as they are likely to have greater security of tenure)

SquatNow

Sounds to me like the LL in this case is an amateur BTLer who bought AT THE PEAK from a proffessional BTLer who was getting out of the market, retiring on the profit from 10 years of rampant HPI.

I'de bank on them being iup financial !!!!!! creak, and personally I wouldn't expect the Tennant will see her deposit again.

If you have your new rental agreed and signed up I'de be tempted to clean the place up, pay all the bills, and do a moonlight flit before the 12th June rent date, sending the keys back special delivery.

50plusabit

If you have been given section 21 notice (2 months) you can leave at anytime during those 2 months, with out paying rent to the end. You just need to give the landlord a few days notice.
Lynne -- Always put your notice in writing.