Help question notice period?

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    Help question notice period?

    Hello i am moving out my rented flat on the 1st of may,i gave notice to my landlord on the 4th of april. I paid my last rent for this month on the 1st april. Anyway he is saying because i didnt tell him on the 1st of this month i have to pay all of mays rent as well even though i wont be living there. Surely i only legally owe him for a few days to make it 4 weeks notice. Plus to make matters worse i have lost my tenancy but i know i can legally request one.

    #2
    Originally posted by tina2783 View Post
    Hello i am moving out my rented flat on the 1st of may,i gave notice to my landlord on the 4th of april. I paid my last rent for this month on the 1st april. Anyway he is saying because i didnt tell him on the 1st of this month i have to pay all of mays rent as well even though i wont be living there. Surely i only legally owe him for a few days to make it 4 weeks notice. Plus to make matters worse i have lost my tenancy but i know i can legally request one.
    Hi,

    assuming that you have a statutory periodic tenancy then usually you will need to give at least one full month's notice, ending on the first or the last day of a period of the tenancy. So, the landlord may well be right that the earliest date on which notice given on 4th April could expire is the last day of May.

    However, if you have had a fixed term tenancy which is coming to an end, it may be that you do not need to give any notice at all.

    You will need to give a bit more detail about what kind of agreement you have, whether there is a fixed period, when it starts and ends and what your agreement says about notice, in order to get further advice.

    In the meantime, it might be worth considering a negotiated solution, if the landlord is willing?

    Good luck.

    Comment


      #3
      Originally posted by tina2783 View Post
      Hello i am moving out my rented flat on the 1st of may,i gave notice to my landlord on the 4th of april. I paid my last rent for this month on the 1st april. Anyway he is saying because i didnt tell him on the 1st of this month i have to pay all of mays rent as well even though i wont be living there. Surely i only legally owe him for a few days to make it 4 weeks notice. Plus to make matters worse i have lost my tenancy but i know i can legally request one.
      Before we can give you any useful advice/information, please clarify:
      • Is your tenancy an Assured Shorthold Tenancy, or something else?
      • When did you move in?
      • Is the 1st May the last day of the fixed term, or has the tenancy become periodic?


      Sorry Preston, you beat me to it!
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        hello its assured shorthold tennancy. Its become periodic.As i dont have the tenancy and my landlord is away till monday. I moved in two years ago im guessing it was around the 20th december but paid extra so i could pay my rent on the 1st of each month. I just can see this is fair paying for a place for another month when basically if i give him the extra 3 days thats a month. He is willing to take a week off that but thats still 650 would pay.
        Thanks for your advice

        Comment


          #5
          Originally posted by tina2783 View Post
          hello its assured shorthold tennancy. Its become periodic.As i dont have the tenancy and my landlord is away till monday. I moved in two years ago im guessing it was around the 20th december but paid extra so i could pay my rent on the 1st of each month. I just can see this is fair paying for a place for another month when basically if i give him the extra 3 days thats a month. He is willing to take a week off that but thats still 650 would pay.
          Thanks for your advice
          Your landlord is correct in saying you should give him a full month's notice ending on the last day of a rent period. Since you gave notice on 4th April, this makes you liable for the rent until May 31st. Unless he is willing to negotiate as Preston suggests, I'm afraid there isn't much you can do.

          To move out on April 30th/May 1st, you should have given notice before the end of March.

          Good luck in trying to resolve this.

          Is there any chance of delaying moving in to your next place?

          Just a thought - has he protected your deposit in a scheme?
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            hello no i cant delay really ive paid 1600 to move in new place and i have a little girl so dont want to run the risk of loosing it. had no idea of this law just assumed was 4 weeks sorry to rant but i feel this is so unfair i only found the place on the 3rd and am a few days off telling him from the 1st. Says 4 weeks in tenancy so really this isnt right as it ends up being 2 months.
            Thanks for your help im going to go citizens advice still because he will keep my deposit if i dont pay.
            martina

            Comment


              #7
              Originally posted by tina2783 View Post
              hello no i cant delay really ive paid 1600 to move in new place and i have a little girl so dont want to run the risk of loosing it. had no idea of this law just assumed was 4 weeks sorry to rant but i feel this is so unfair i only found the place on the 3rd and am a few days off telling him from the 1st. Says 4 weeks in tenancy so really this isnt right as it ends up being 2 months.
              Thanks for your help im going to go citizens advice still because he will keep my deposit if i dont pay.
              martina
              Hi,

              If the tenancy agreement says four weeks this could well over ride the common law rule concerning notice that I explained earlier. If you would like further advice on this forum before you see the CAB you might want to reproduce the exact wording in the notice clause you refer to and I am sure you will receive further comments.

              Good luck

              Preston

              Comment


                #8
                What date did your fixed term end?

                (If your tenancy started on a 20th and your fixed term was for an amount of complete months, you would need to give notice ending on the 19th).
                Dial 999 For a Landlord

                Comment


                  #9
                  Originally posted by Krispy View Post
                  What date did your fixed term end?

                  (If your tenancy started on a 20th and your fixed term was for an amount of complete months, you would need to give notice ending on the 19th).

                  I was wondering that also. If the rent date is different to the date the tenancy commenced, if a landlord has to serve a S21 then the rent date change is ignored or so I have read on this forum. So a "rental period" is based on the months running from the start of the tenancy.

                  The OP states:

                  "I moved in two years ago im guessing it was around the 20th december but paid extra so i could pay my rent on the 1st of each month. "

                  The OP needs to find out exactly when the tenancy commenced (so "around 20th" won't necessarily do) but I'd have thought, if they did move in on 20th then their rental periods would run from 20th to 19th of each month.

                  I can't see how a tenant notice would differ from landlord serving notice in terms of defining a rental period.

                  I appreciate my terminology is not quoting Acts, Sections etc and isn't legal terminology but perhaps a legal eagle could qualify this please as I might have missed the obvious.

                  Comment

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