Slipped into a periodic tenancy agreement

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  • Slipped into a periodic tenancy agreement

    Hi,

    I guess like most posters here I'm seeking advice.

    I signed an AST for 6 months, 31st July to 30th Jan. On the 29th Jan I received an email from the letting agents,

    "Your tenancy is due for renewal, could you give us a date that we might call to the property and inspect and renew your tenancy for a further 6 months if you wish"

    Firstly, is that really enough notice ? Is it my place as the tenant to be pro-active about these things ? I understand as a tenant I have the right to walk away on the last day ( 30th Jan ) as in effect I've fulfilled my part of the contract.

    The issue now though is I've slipped into a rolling contract ( There was no way I could grant an inspection on the 30th having received the email at gone 3pm on the 29th ).

    That was fine, it suited me, until yesterday another property came up. Now I realise a lot of landlords reading this will be rolling their eyes and saying "I've been here". It really wasn't planned and I would have liked to have given more notice obviously.

    Now the inspection is tomorrow. The letting agent had originally said they wanted me to sign a new contract ( When I asked why it wasn't just rolling, "We renew paperwork every six months", first time I've had that ) but with what's happened that isn't now happening.

    Instead after informing them that I didn't wish to renew my contract / keep the rolling contract I received this,

    "Please note we require your 1 months notice in writing/email and this must be in the office before your rent due date which is the 31st of the month to vacate the following month 30th March."

    This is the crux of my long winded post. Surely if I put it in writing tomorrow that I wish to end the periodic tenancy agreement it should only have to run until the 10th March, in effect I will have to pay an additional 10 days rent and that's it ?
    The little I understand is that the landlord has to keep to the usual rent date when ending a rolling contract ( Correct me if I'm wrong, I'm about 2 hours into reading up on all this ) but is that the same for a tenant ?
    In effect I'm giving around 6 weeks notice and having to pay for it.

    Thanks in advance for any advice anyone sticking with my novel can give me,

    Cheers,

    Rich.

  • #2
    Sorry Rich, if you give notice tommorrow, the earliest you can stop paying rent is 30th March.

    This is in the Housing Act 1988 - which presumably was mentioned at the very begining of your original tenancy agreement. (Even if you didn't get a tenancy agreement, it doesn't matter as the majority of current tenancies are ASTs and they are automatically covered by HA88.

    Comment


    • #3
      Cheers mate.

      So I'm in no hurry to hand in my letter saying I'm leaving.

      I guess I can't go down the lines of not getting "enough" notice that my contract was about to expire ? ( Grasping at straws, as that's £500+ that is just being thrown away ).

      Rich.

      Comment


      • #4
        Originally posted by Rich Myles View Post
        Cheers mate.

        So I'm in no hurry to hand in my letter saying I'm leaving.

        I guess I can't go down the lines of not getting "enough" notice that my contract was about to expire ? ( Grasping at straws, as that's £500+ that is just being thrown away ).

        Rich.
        To leave 30th March your written notice must be received by the landlord or agent by 28th February.

        Unfortunately, you were given notice at the start of the tenancy "I signed an AST for 6 months, 31st July to 30th Jan", they couldn't really give you much more notice could they?

        Comment


        • #5
          Yeah I've got to put my hands up that I've messed up on this one ( And I'm trying to scrabble out of it in a public forum. Classy ).

          By notice I meant more a month or so beforehand the end of my contract firing over an email asking me my intentions, I'm sure it's been a standard procedure with all the better letting agents I've been with over the years.

          Oh well, live and learn.

          Thank you so much for your time and help with this mate, I'm really grateful.

          Rich.

          Comment

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