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Comments

  • wizzywig27
    wizzywig27 Posts: 1,536 Forumite
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    Guest101 you seem quite offended by my questions?! I'm sorry if my level of contractual law is not at the level of yourself - that's why I have came on here!

    I am trying to type this on a phone so sorry if it seems you have to squeeze info out of my, however some of the info only came to light AFTER I had made the original post
  • Guest101
    Guest101 Posts: 15,764 Forumite
    wizzywig27 wrote: »
    Guest101 you seem quite offended by my questions?! - not at all, it's not your fault. Unfortunately education in this country doesn't prepare people for life. I'm sorry if my level of contractual law is not at the level of yourself - that's why I have came on here! - I know, but we've been answering your questions.

    I am trying to type this on a phone so sorry if it seems you have to squeeze info out of my, however some of the info only came to light AFTER I had made the original post





    Sure thing.


    My point is, you have a written contract that states your rights and responsibilities. You can use that.


    Or you can agree an alternative (e.g. what agents suggestion of one month notice from the 27th)
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    It's what your tenancy agreement says that is important. The contract can't be changed unilaterally by one party. For example, the contract states that rent is due on the 20th of each month. The letting agent can't unilaterally decide that your tenancy periods run from 27th to 26th rather than 20th to 19th just because you chose to pay your rent a week late every month.

    Similarly the notice period cannot be unilaterally changed. You have the options of agreeing with the letting agent (one month's notice starting 27th), sticking with the tenancy agreement (2 month's notice starting 20th), or negotiating something else with the landlord/letting agent. Take your pick.
  • G_M
    G_M Posts: 51,977 Forumite
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    wizzywig27 wrote: »
    The problem is the fact they are saying rent due date is 27th and not 20th.

    We could push contractually it's the 20th as per our tenancy agreement but they could then say your rent is has been late every month for pay 26 months - spiteful but they could do it?!

    They are willing to accept one months notice, if we start pushing contractually payment due date is 20th they could enforce section of contract which states two months notice could they not? (Even though theyve put in an email one is enough)
    Was the original contract amended either
    * by specifying a different start and/or end date, or
    * by specifying a different rent due date?

    If there was simply an informal agreement that rent could be paid on 27th (ie a week late) that does not alter the fact that it was due on the 20th. The LL/agent simply agreed to late payment.

    And even if they claim it has been paid late every month, so what? Have they chased you for late payment? I suspect not. So why does it matter?

    Is the agent/LL accepting 1 months notice?

    The problem you have is that if you make waves by insisting on the 20th, when they want the 27th, you may raise the other issue of two (not one) monthsmotice......
  • G_M
    G_M Posts: 51,977 Forumite
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    Thanks pixie.

    God what a waste of all out time!

    http://forums.moneysavingexpert.com/showthread.php?t=5606869
  • Guest101
    Guest101 Posts: 15,764 Forumite
    G_M wrote: »
    Thanks pixie.

    God what a waste of all out time!

    http://forums.moneysavingexpert.com/showthread.php?t=5606869



    And then I wonder why I'm getting more blunt with my replies....
  • wizzywig27
    wizzywig27 Posts: 1,536 Forumite
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    Our*

    See what you mean about education in this country.

    The original post was regarding notice on a contract based on the wording, nothing to do with the 27th and my payment date etc.
  • wizzywig27
    wizzywig27 Posts: 1,536 Forumite
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    Different thread with different circumstances! Thanks though. There any more posts you can rake up in there whilst you are looking?
  • leslieknope
    leslieknope Posts: 334 Forumite
    you can follow the contract and give two months notice with the rent due date of 20th or you can give one month with the rent due date of 27th. one extra week or one extra month. you decide.

    i understand dealing with letting agents can be frustrating but you signed a contract and they can bind you to the terms.
    CCCC #33: £42/£240
    DFW: £4355/£4405
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