how much notice legally?..please help!

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    how much notice legally?..please help!

    Hi all,

    this is my 1st post as have tried everywhere else!

    I have an ast which was for 6 months which ended in Aug 09. since then i have just been paying rent as normal on the 10th of each month (had no notice to leave etc..)

    was the first time i moved out so not really sure about how much notice i give to move out.

    i asked my letting agent and they said 4weeks. i gave them 4 weeks notice in writing on the 17th nov. they are now saying we have to still pay rent up unitl the 12th Jan!

    i asked them why and they said notice has to be handed in on the rent date but doesnt state it in the contract.

    was then rudely told that its the housing act and i should look it up!

    any help would be greatfully recieved as i've been googling for the last 3 weeks to no avail!

    #2
    As tenancy* is periodic, then you must give a minimum of one month's notice to quit; but this notice must expire on last day of rent period. You will be liable for rent up to and including this expiry date.

    For example, if fixed term of AST ended on 11 Aug 2009, then the periodic tenancy will run 12th of one month to 11th of the next month; if notice was given on 17 Nov 2009, then the expiry date must be 11 Jan 2010; and you will be liable for rent to this date.

    Originally posted by frankie&benny View Post
    i asked my letting agent and they said 4weeks. i gave them 4 weeks notice in writing on the 17th nov. they are now saying we have to still pay rent up unitl the 12th Jan!
    Does AST state 4 weeks notice in writing?


    * If AST in England or Wales
    The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

    Comment


      #3
      Originally posted by tom999 View Post
      Does AST state 4 weeks notice in writing?
      It wouldn't make any difference what the AST said, surely? It couldn't override the statutory notice provisions in a periodic tenancy.

      Comment


        #4
        no the ast doesn't say anything about giving any notice thats why i was so confused.

        how am i as a tenant supposed to know about the periodic tenancy?

        Comment


          #5
          If the letting agent told you 4 weeks (and you can prove it) then potentially you could sue them for any loss you have as a result of their mis-information. But you would need to get legal advice on this.

          As the agent is working on behalf of the landlord, then ultimately the LL pays.

          Call them again and say you are not happy because you accepted them at their word. Do they not feel that they may have mislead you? Try and get them to relent and then you write a letter to confirm things that have been agreed. If they will not relent, say that you are going to write a letter of complaint to the manager and get the name of the person in charge.

          I would then write them a letter stating the facts...on x date you asked them about notice as your AST says nothing about it. They replied..4 weeks. On Y date you gave notice, and they replied ........etc. As they are the LL's representative, you accepted the information they gave you as accurate and you expect them to honour th information. Tell them what you want to happen, and if they do not agree you will write to the LL to inform him (if you do not have LL address, ask that they give it to you as not to do so is a criminal offence), or seek legal advice on claiming compensation for any extra rent you have to pay, or whatever.
          All posts in good faith, but do not rely on them

          * * * * * ** * * * * * * * * * * * *

          You can search the forums here:

          Comment


            #6
            In law, your agents seem to be correct - as others have said though, it might be worth trying to get the agency to standby their original statement to you of 4 weeks - especially if you know which person gave you the info (and you're sure you understood their full meaning).
            Originally posted by frankie&benny View Post
            no the ast doesn't say anything about giving any notice thats why i was so confused.
            No, that's because there is no need for a tenant to give notice on a fixed term contract
            how am i as a tenant supposed to know about the periodic tenancy?
            With regard to your quote above - the law is the law, I'm not sure what you expected the agent or landlord to do differently. It's not practical for them to give you a copy of every bit of landlord & tenant law that exists. Your original tenancy agreement no doubt said something like "Assured shorthold tenancy agreement under part 1 of the Housing Act 1988" - and that is the Act you would need to look at to discover about periodic tenancy.

            Comment


              #7
              Originally posted by westminster View Post
              It wouldn't make any difference what the AST said, surely? It couldn't override the statutory notice provisions in a periodic tenancy.
              Yes, I know. It was an attempt to discover the source of the agent's misadvice; which the OP has confirmed has led to confusion.

              Originally posted by Snorkerz View Post
              In law, your agents seem to be correct...
              Which law please?


              frankie&benny: Take Bel's advice.
              The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

              Comment


                #8
                Originally posted by Snorkerz View Post
                In law, your agents seem to be correct
                Originally posted by tom999 View Post
                Which law please?
                Originally posted by tom999 View Post
                As tenancy* is periodic, then you must give a minimum of one month's notice to quit; but this notice must expire on last day of rent period. You will be liable for rent up to and including this expiry date.
                This one, based on presumed tenancy period 13th - 12th. I am presuming rent is paid on 10th to allow for bank clearance.

                Although of course, for "last day of rent period" one should read "last day of tenancy period".

                Comment


                  #9
                  Originally posted by Snorkerz View Post
                  In law*, your agents seem to be correct - as others have said though, it might be worth trying to get the agency to standby their original statement to you of 4 weeks...
                  OP has stated that AST makes no mention of 4 weeks notice; I am not aware of any law that states this. SPT period should be 1 month, not 4 weeks.

                  Originally posted by Snorkerz View Post
                  This one, based on presumed tenancy period 13th - 12th. I am presuming rent is paid on 10th to allow for bank clearance.

                  Although of course, for "last day of rent period" one should read "last day of tenancy period".
                  My poiint is that the agent was incorrect (as Bel above has mentioned) to say that 4 weeks notice is required, when it's supposed to be 1 month's notice.
                  The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                  Comment


                    #10
                    The agent isn't necessarily incorrect. If both parties agree on 4 weeks notice then that is what it is. It could be 4 days if both parties agreed.

                    I think you would need to have had the 4 weeks notice in writing otherwise it's your word against theirs.

                    Comment


                      #11
                      Originally posted by p_cas View Post
                      The agent isn't necessarily incorrect. If both parties agree on 4 weeks notice then that is what it is. It could be 4 days if both parties agreed.
                      But both parties have not agreed; OP has no knowledge of any agreement; as has already mentioned he/she was confused, and it wasn't in the AST.
                      The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

                      Comment


                        #12
                        thanks for all your advice, have not paid the rent which was due on the 10th as mentioned earlier.

                        will see what agents say and follow Bels advice...thank-you

                        unfortunately though it will come down to my word against theirs so i dont hold out much hope

                        just think that matters like these should be made more clear, especially with regards to an ast finishing.

                        wont get caught by that trap again

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