Advice on giving notice to landlord needed

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    Advice on giving notice to landlord needed

    Me and my fiancee are wanting to move out of the house we live in and have looked at another house we want to rent, now we initially had a 6 month assured shorthold tenancy agreement from 29th June 2009 which rolled over onto a statutory periodic tenancy agreement after the 29th of December 2009 as neither us nor the landlord signed another tenancy agreement.

    The rent is payable every 4 weeks and was last paid on the 11th of January 2011 and is next due on the 8th of February 2011 but we were wondering if we give the 1 months notice we are required to give from tomorrow Monday the 17th of January does anyone know what we will have to pay the landlord after the 8th of February as giving 1 months notice from tomorrow the 17th of January would mean we couldn't (technically) move out till the 15th of February (1 week after we will have paid February's rent) so presumably we would also have to pay another months rent even if we move out on the 15th of February?

    We will be sending a letter of notice by Recorded Delivery so it will have to be signed for, we are just confused regarding dates etc and exactly how much we will have to pay and when.

    We also paid a bond of £360 as well as the 1st months rent up front when we moved in so are we behind by 1 month or in front by 1 month? Common sense tells me we are a month in front with the rent but any clarification would be extremely helpful.

    Thank you.

    P.S) Also please note I've read the original Tenancy Agreement from page to page (it's only 3 pages long) and nowhere in the original Tenancy Agreement does it define the notice period we were required to give under the original Assured Shorthold Tenancy agreement but I believe it was 1 month from what I've read elsewhere on the internet and as stated previously our original contract ran from the 29th of June 2009 until the 29th of December 2009 (6 months) but we are now on a statutory periodic tenancy (which I believe is a month to month agreement?) and it's been that way ever since the 29th of December 2009 due to none of us (landlord and tenant) never having signed another tenancy agreement, so I'm just wondering where we actually stand.

    I read this on the Shelter website as well,

    If your agreement is periodic (ie rolling from week to week or month to month), you normally have to give at least four weeks' notice to end it, or a calendar month if you have a monthly tenancy.
    The original tenancy agreement was for 6 months only and states the rent is £90 p/w, then after the fixed period it rolled over onto a periodic tenancy, but when it rolled over neither us or the landlord agreed whether it was a week to week or month to month rolling tenancy but presumably it will be a 4 weekly rolling tenancy as opposed to a week by week/month by month tenancy due to us paying the rent every 4 weeks, now after reading what I quoted from the Shelter website it says you 'normally' have to give 4 weeks notice on a periodic tenancy which is what we intend to give the landlord, but if it has to be at the end of a rental period which I'm assuming is based on the original contract which was from the 29th of June 2009 to the 29th of December 2009 then doesn't that contradict what the Shelter website says? Because if we gave 4 weeks notice from now it means the tenancy would come to an end on the 15th of February but if we have to give notice to expire at the end of a rental period we would have to give notice on the 29th of January 2011 and the notice would expire on the 28th of February 2011 correct? And we aren't willing or able to wait that long as any house we want to go for will not wait till the 28th of February for us to move in as the house we've looked at states no longer than 1 month on the application form and if we don't go for it now we won't get it.

    Hopefully after explaining the problems we've had living here to the landlord they shouldn't have any issues with us leaving 13 days earlier than we would be if we were planning on moving out on the 15th of February rather than the 28th of February so perhaps I should contact the landlord and see what they have to say and take it from there because if we do get accepted/pass credit checks etc for this other house we will be moving on the 15th of February if all goes to plan and we won't/can't wait any longer as the area we live in is a ****hole (pardon my french) and the neighbours are *******s and not even a month after we moved in there were 2 cars set on fire/blown up in front of our house and another 1 more recently in the alleyway at the back of our house and I refuse to bring my kids up in this area for another godforsaken 7 weeks.

    Sorry I've just had enough of it all not to mention the walls are like paper and anytime they turn lights on and off next door you can hear it, when their in the kitchen cutting veg you can hear that as well as if they're in the same house as you! And my 3 year old (and me) heard the tosser next door ask his girlfriend if she wanted to suck on his c*ck! I understood what he said but my 3 year old didn't but that's not the point we shouldn't have to hear crap like that, and we hate it here and that's one of many reasons we want to leave ASAP.

    So do you think the landlord will understand should we put the reasons we intend to leave in the letter?? If they have anything about them surely they would??, and also we have had the police out to one of the neighbours (the one who asked his girlfriend to do him a 'favour') because of his arrogant/nasty/threatening attitude on more than one occasion and if it was up to me I'd rather knock the sh*t out of him than look at the piece of scum! But the police just said to ring them if he persisted in his behaviour but the only way to have a happier life and a better place to bring up our kids is for us to move out, which is why I researched the area we are hoping to move to first and spoke to the neighbours who seem quite nice for a change.

    #2
    To summarise, then : you havea statutory periodic tenancy and you want to leave your current rented home (the reasons are immaterial - you do not have to give a reason, just correct notice).

    Irrespective of how often and when you actually pay rent, my interpretation of what you have told us about your tenancy is that it is a continuation of your original AST during which rent was probably payable monthly. That means that the rental periods run from 29th of one month to 28th of the next one. (If your agreement specifically says rent is payable four weekly, then that's different).

    Assuming it's monthly, then to end your tenancy you need to give one full month's notice to expire at the end of a rental period. So if you serve notice tomorrow, it will not expire until 28th February 2011. You can move out before then if you wish but you remain liable for the rent up to and including 28th Feb.

    All you can do if this is not what you were expecting is try to negotiate with the LL and persuade him to let you leave early - but that is up to him. He may say no.

    Has the £360 you paid as a bond been protected in a scheme? (If not then your chances of an early escape without having to pay rent up to 28th Feb are greatly increased). Please clarify who holds your deposit (bond).
    '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


      #3
      Originally posted by Labtec81 View Post
      we initially had a 6 month assured shorthold tenancy agreement from 29th June 2009 which rolled over onto a statutory periodic tenancy agreement

      The original tenancy agreement was for 6 months only and states the rent is £90 p/w,
      I think that the OP has a weekly SPT that started on 29th Dec 2009. 29th Dec was a Tuesday, so the OP tenancy periods run from a Tuesday to a Monday.

      Therefore, I think if the OP gives notice before Tuesday 18th Jan, their notice would expire after Monday 14th February.

      Comment


        #4
        Originally posted by Mrs Mug View Post
        I think that the OP has a weekly SPT that started on 29th Dec 2009. 29th Dec was a Tuesday, so the OP tenancy periods run from a Tuesday to a Monday.

        Therefore, I think if the OP gives notice before Tuesday 18th Jan, their notice would expire after Monday 14th February.
        I agree with Mrs Mug about the weekly tenancy, however as notice has to be at least a calender month I'd say that if notice is given by Tue 18 Jan, the earliest departure date would be Mon 21st Feb (as 14th is less than a month).

        Comment


          #5
          Originally posted by Snorkerz View Post
          I agree with Mrs Mug about the weekly tenancy, however as notice has to be at least a calender month I'd say that if notice is given by Tue 18 Jan, the earliest departure date would be Mon 21st Feb (as 14th is less than a month).
          The link below from Shelter says,

          If your agreement is periodic (ie rolling from week to week or month to month), you normally have to give at least four weeks' notice to end it, or a calendar month if you have a monthly tenancy.
          http://england.shelter.org.uk/get_ad...odic_agreement

          So I still think Mon 14th Feb would be ok.

          Comment


            #6
            I am not sure that we have established whether the notice period is one month or four weeks. OP says:

            P.S) Also please note I've read the original Tenancy Agreement from page to page (it's only 3 pages long) and nowhere in the original Tenancy Agreement does it define the notice period we were required to give under the original Assured Shorthold Tenancy agreement but I believe it was 1 month from what I've read elsewhere on the internet and as stated previously our original contract ran from the 29th of June 2009 until the 29th of December 2009 (6 months) but we are now on a statutory periodic tenancy (which I believe is a month to month agreement?) and it's been that way ever since the 29th of December 2009 due to none of us (landlord and tenant) never having signed another tenancy agreement, so I'm just wondering where we actually stand.

            I still think it's monthly - but may be wrong.
            '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


              #7
              Accepting you got your info from 'Shelter', this is interesting because I have always 'assumed' it to be a minimum of a month, but never known where that is specified. Does anyone know what legislation specifies the notice required from an AST tenant?

              Comment


                #8
                Originally posted by Labtec81 View Post
                The original tenancy agreement was for 6 months only and states the rent is £90 p/w,
                That's what I am basing my assumption on.

                Comment


                  #9
                  Originally posted by Snorkerz View Post
                  Does anyone know what legislation specifies the notice required from an AST tenant?
                  I tried to find it, but had to give up. So I had to refer to Shelter.

                  Comment


                    #10
                    Thanks for the replies,

                    The rent does state it as being £90 p/w on the original tenancy agreement but it's payable every 4 weeks, not sure if that makes a difference?

                    Comment


                      #11
                      What matters is:
                      a. NOT the rate of rent ['per week'];
                      b. NOR the fixed-term's length [six months];
                      but
                      c. the rent-payment frequency during it [four weekly]. The SPT would be four-weekly.

                      NB : as another thread explains, g8 is not available here. It cannot apply to a rent payable four-weekly.

                      T's NTQ to L here must run for at least four weeks AND expire immediately after a four-week period ends.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment


                        #12
                        Originally posted by jeffrey View Post
                        What matters is:
                        a. NOT the rate of rent ['per week'];
                        b. NOR the fixed-term's length [six months];
                        but
                        c. the rent-payment frequency during it [four weekly]. The SPT would be four-weekly.

                        NB : as another thread explains, g8 is not available here. It cannot apply to a rent payable four-weekly.
                        Has it been established that the rental periods are four weeks? OP admits not knowing, but thinks the TA specified monthly. Regardless of when the rent is actually paid, why should the SPT differ from the original fixed term in its conditions?
                        '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


                          #13
                          Originally posted by mind the gap View Post
                          Has it been established that the rental periods are four weeks? OP admits not knowing, but thinks the TA specified monthly. Regardless of when the rent is actually paid, why should the SPT differ from the original fixed term in its conditions?
                          Re-read post #1: The rent is payable every 4 weeks and was last paid on the 11th of January 2011

                          The SPT's period:
                          a. begins on the day after the fixed term ends; and
                          b. is the same as the fixed-term's rent period (which is why it's essential to pinpoint this).
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

                          Comment


                            #14
                            OP also says:
                            P.S) Also please note I've read the original Tenancy Agreement from page to page (it's only 3 pages long) and nowhere in the original Tenancy Agreement does it define the notice period we were required to give under the original Assured Shorthold Tenancy agreement but I believe it was 1 month from what I've read elsewhere on the internet and as stated previously our original contract ran from the 29th of June 2009 until the 29th of December 2009 (6 months) but we are now on a statutory periodic tenancy (which I believe is a month to month agreement?) and it's been that way ever since the 29th of December 2009 due to none of us (landlord and tenant) never having signed another tenancy agreement, so I'm just wondering where we actually stand.
                            '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


                              #15
                              But its clause re Notice period is irrelevant [s.5]; and 'month to month' seems OP's shorthand for four-weekly.
                              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                              4. *- Contact info: click on my name (blue-highlight link).

                              Comment

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