Advice on giving notice to landlord needed

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    Originally posted by jeffrey View Post
    But its clause re Notice period is irrelevant [s.5]; and 'month to month' seems OP's shorthand for four-weekly.
    Or 'month to month' could be OP's shorthand for 'monthly' which (all other things being equal) seems more likely. Unless I've missed something and the TA reserves the rent four weekly?

    The fact it is paid four weekly does not prove it is payable four weekly - or does 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


      #17
      Originally posted by mind the gap View Post
      Or 'month to month' could be OP's shorthand for 'monthly'.
      True, but that's very unlikely for a four-weekly rent. As neither of us really knows, let OP enlighten us.
      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


        #18
        Hi sorry thought I'd replied to the posts on this thread, the rental period is 'rent due every 4 weeks' so it's actually next due on the 7th of February if that helps?

        So if I send a letter of notice with tomorrows date on for a move out date of the 15th of February is that right or wrong?

        Not sure if this helps also but here are all the dates we've paid rent since we moved in, the time between all rental payments is 4 weeks exactly

        29th June 2009 (the date we moved in) PAID 1 months RENT PAID IN ADVANCE WITH A BOND PAID EQUIVALENT TO 1 MONTHS RENT
        27th July 2009
        24th August 2009
        21th September 2009
        19th October 2009
        16th November 2009
        14th December 2009

        11th January 2010
        8th February 2010
        8th March 2010
        5th April 2010
        3rd May 2010
        31st May 2010
        28th June 2010
        26th July 2010
        23rd August 2010
        20th September 2010
        18th October 2010
        15th November 2010
        13th December 2010

        10th January 2011
        7th February 2011 is the next rent due date.

        Comment


          #19
          Originally posted by Labtec81 View Post
          Hi sorry thought I'd replied to the posts on this thread, the rental period is 'rent due every 4 weeks' so it's next due on the 8th of February if that helps?

          So if I send a letter of notice with tomorrows date on for a move out date of the 15th of February is that right or wrong?
          Thank you for clarifying. I think you need to give four weeks' notice expiring at the end of a rental period, so that would make your move-out date 7th March, by my reckoning.
          '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


            #20
            Dammit,

            We need to be able to move on the 15th of February which is 4 weeks and 2 days from now as no agency will hold a house for us for 7 weeks, looks like we'll be losing the bond then! I really don't understand why with a periodic tenancy we have to give 4 weeks notice but can't move out 'officially' for 7 weeks and 1 day it's ridiculous.

            Oh and for the record the original tenancy agreement ran from the 29th of June 2009 until the 29th of December 2009 so if we give notice now isn't a rental period actually from the 29th of January (this month) with a leaving date of the 28th of February which is 1 months notice?

            Be back later on to see if any other replies.

            Thanks for the responses so far.

            Comment


              #21
              Originally posted by Labtec81 View Post
              Dammit,

              We need to be able to move on the 15th of February which is 4 weeks and 2 days from now as no agency will hold a house for us for 7 weeks, looks like we'll be losing the bond then! I really don't understand why with a periodic tenancy we have to give 4 weeks notice but can't move out 'officially' for 7 weeks and 1 day it's ridiculous.
              Well, the same restriction would apply to the LL if he decided to give you notice, except that he would have to give you even longer notice.

              You have been given exactly the same advice as I have just given you, on this site:
              http://www.consumeractiongroup.co.uk...594&viewfull=1

              Please take 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


                #22
                I've edited my last post with more information if that makes any difference at all (I doubt it though) but it's an extremely stupid restriction and quite frankly unfortunately we will have to leave on the 15th of February as we can't stay in this area any longer than that as it's a very bad area and we just won't do it, our kids and us deserve better.

                Thank you for your replies.

                Comment


                  #23
                  Originally posted by Labtec81 View Post
                  I've edited my last post with more information if that makes any difference at all (I doubt it though) but it's an extremely stupid restriction and quite frankly unfortunately we will have to leave on the 15th of February as we can't stay in this area any longer than that as it's a very bad area and we just won't do it, our kids and us deserve better.

                  Thank you for your replies.
                  What you think your kids deserve is understandable, but it doesn't change the law, I'm afraid.

                  If the next rent due day is Feb 7th (not Feb 8th as you thought before), then noticed served before Feb 7 would give you a move out day of 6 March.

                  You still haven't answered the question about where your deposit is?
                  '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


                    #24
                    Originally posted by Labtec81 View Post
                    I've edited my last post with more information if that makes any difference at all (I doubt it though) but it's an extremely stupid restriction and quite frankly unfortunately we will have to leave on the 15th of February as we can't stay in this area any longer than that as it's a very bad area and we just won't do it, our kids and us deserve better.
                    You can leave whenever you wish; but your rent liability continues until expiry of a valid Notice from you to L.
                    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


                      #25
                      Originally posted by mind the gap View Post
                      You still haven't answered the question about where your deposit is?
                      Sorry I didn't see that, the deposit is with the landlord, the deposit/bond amount was £360, basically we paid 4 weeks rent + the amount of 4 weeks rent as a deposit so we paid £720 the day we moved in, so I will have to assume we have lost the bond which I suppose will have to be fair enough as we have to leave on the 15th of February if we are to get the house we want.

                      Comment


                        #26
                        Originally posted by Labtec81 View Post
                        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 ...

                        ... 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.
                        Originally posted by Labtec81 View Post
                        Hi sorry thought I'd replied to the posts on this thread, the rental period is 'rent due every 4 weeks' so it's actually next due on the 7th of February if that helps?...

                        Not sure if this helps also but here are all the dates we've paid rent since we moved in, the time between all rental payments is 4 weeks exactly
                        ...

                        10th January 2011
                        7th February 2011 is the next rent due date.
                        I don't think we've established what date the periodic tenancy actually arose. OP says the original six month term ran 29th June 2009 - 29th December 2009 (which is six months + one day). This could well be an error on OP's reading of the contract, and the fixed term expired after 28th December 2009, but equally the 29th could be the expiry date written into the contract.

                        Either way, one must calculate the four-weekly periods as from either Tuesday 29th OR Wednesday 30th December 2009. Tenancy periods are based, not on the rent due date, but on the frequency with which rent is payable.

                        Comment


                          #27
                          Originally posted by westminster View Post
                          I don't think we've established what date the periodic tenancy actually arose. OP says the original six month term ran 29th June 2009 - 29th December 2009 (which is six months + one day). This could well be an error on OP's reading of the contract, and the fixed term expired after 28th December 2009, but equally the 29th could be the expiry date written into the contract.

                          Either way, one must calculate the four-weekly periods as from either Tuesday 29th OR Wednesday 30th December 2009. Tenancy periods are based, not on the rent due date, but on the frequency with which rent is payable.
                          Just looking at the contract in front of me and it actually says
                          A fixed term of 6 months from 29/06/09
                          so you're correct the fixed term will have expired on the 28th December 2009 and the landlord was going to give us a new contract for 6 or 12 months if we wanted one but we all (landlord and tenant) decided it would be best to go onto a periodic tenancy so neither of us was tied to a fixed term.

                          Comment


                            #28
                            Originally posted by westminster View Post
                            . Tenancy periods are based, not on the rent due date, but on the frequency with which rent is payable.
                            I agree. OP, if it is the case that your original fixed term expired on 28th Dec, then notice served by you before Monday 25 January would expire on Monday 22nd February.

                            By 'Where is the deposit' I mean, is it protected in a scheme, or not?
                            '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


                              #29
                              Originally posted by mind the gap View Post
                              By 'Where is the deposit' I mean, is it protected in a scheme, or not?
                              No it's just with the landlord as far as I'm aware.

                              Comment


                                #30
                                Originally posted by Labtec81 View Post
                                No it's just with the landlord as far as I'm aware.
                                Has L either protected it or undertaken the insurance alternative?
                                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

                                Latest Activity

                                Collapse

                                Working...
                                X