Six Month ShortHold Tenancy Agreement

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    Six Month ShortHold Tenancy Agreement



    Hi
    I have a few questions regarding my tenancy agreement which is going too end on the 29th august 2011
    My landlord have informed me that I should have sent written notice on the 29th July 2011 giving a months notice too quit!
    Still too date I have not issued a letter too my landlord asking too give a months notice.
    When I originaly moved into the property I gave the landlord £300 rent in aadvance.
    So even if I do not give a notice too quit is the landlord still within his rights too charge me for anoter month of being in this property or would I still be free too leave on the 29th of this month regardless.
    Sorry if this sounds really confusing I do not really understand how things like this really work

    Please could you give me some advice on this

    Many Thanks

    #2
    If this is a tenancy in England/Wales, and you have a fixed term agreement which ends on 29th August 2011, then you can vacate on/before 29th August 2011 without giving any notice, and the tenancy and your liability for rent will end on 29th August. LL cannot charge you any more rent after that date.

    But just to be sure that 29th August is the last day, tell us:

    Date fixed term commenced (dd/mm/yy)?
    Length of the term (e.g. 6 months) and is an 'end' date specified?

    Comment


      #3
      Hi Thanks for you're reply
      The tenancy is in England and it is due too expire on the 29th August 2011,I live here with a flat mate on a joint tenancy agreement. When we both signed for the flat I asked the landlord for two separate agreements and he refused and said he only does one tenancy agreement.
      I myself want too leave the property on the 29th August but have not given notice too quit as of yet! and he is telling me that because of this he can then charge me for the weeks of being here for not giving notice too quit
      When I leave here my flat mate wants too remain in the two bedroom flat on his own and renew the tenancy in his name
      I am getting quite worried as people are telling me I should give a letter too my landlord stating I shall be leaving on the 29th August and others are telling me not too because its still not the full months notice
      As you can see I am in a bit of a mess here
      Please can you advise further
      Thank you

      Comment


        #4
        Originally posted by Welshman View Post
        Hi Thanks for you're reply
        The tenancy is in England and it is due too expire on the 29th August 2011,I live here with a flat mate on a joint tenancy agreement. When we both signed for the flat I asked the landlord for two separate agreements and he refused and said he only does one tenancy agreement.
        I myself want too leave the property on the 29th August but have not given notice too quit as of yet! and he is telling me that because of this he can then charge me for the weeks of being here for not giving notice too quit
        When I leave here my flat mate wants too remain in the two bedroom flat on his own and renew the tenancy in his name
        I am getting quite worried as people are telling me I should give a letter too my landlord stating I shall be leaving on the 29th August and others are telling me not too because its still not the full months notice
        As you can see I am in a bit of a mess here
        Please can you advise further
        Thank you
        Fixed |Term Began 29/2/11

        Comment


          #5
          You should write to your landlord immediately telling him that you do not wish to remain after 29 August and this in effect will end the joint tenancy. If your mate wants to stay then your landlord will have to draw up a new agreement with him. The main problem that could arise is that you leave, your mate stays and no new agreement is drawn up, and you haven't advised your landlord in writing. Providing you write to your landlord stating you are moving on or before 29 August you will be in the clear.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


            #6
            Originally posted by Welshman View Post
            The tenancy is in England and it is due too expire on the 29th August 2011,
            Originally posted by Welshman View Post
            Fixed |Term Began 29/2/11
            Does the contract actually specify an 'end' date of 29th August, or does it just say it's a six month term commencing 29th February 2011? Also, this year isn't a leap year, so there was no 29th February. Please can you check what the contract says. What date did you move in? Can you also tell us whether rent is payable monthly or weekly?

            I live here with a flat mate on a joint tenancy agreement. When we both signed for the flat I asked the landlord for two separate agreements and he refused and said he only does one tenancy agreement. ....
            ...When I leave here my flat mate wants too remain in the two bedroom flat on his own and renew the tenancy in his name
            The fact that it's a joint tenancy complicates things, I'm afraid. Unless you both vacate on the last day of the fixed term, a statutory periodic joint tenancy (a.k.a. a rolling contract) will arise the day after the fixed term expires, and you and the other tenant will be liable for at least another month's rent.

            You can give notice to quit to end the tenancy after it becomes periodic - the notice must be at least a month, and also expire at the end of a tenancy period (I don't know what date this should be until you tell us what the contract says - but it may not be the 29th of the month). If your LL will accept a notice to quit from you expiring 29th August, then it may be easiest to go along with it - but is he expecting both of you to move out at your notice expiry? Has the LL actually agreed to grant a new tenancy to your flatmate in his name only?

            Comment


              #7
              Does your flatmate know you are wanting to leave? Is he planning on leaving too? If not, will he be able to afford the full rent for the property (which is presumably twice what he has to find now).

              Comment


                #8
                Originally posted by westminster View Post
                Does the contract actually specify an 'end' date of 29th August, or does it just say it's a six month term commencing 29th February 2011? Also, this year isn't a leap year, so there was no 29th February. Please can you check what the contract says. What date did you move in? Can you also tell us whether rent is payable monthly or weekly?


                The fact that it's a joint tenancy complicates things, I'm afraid. Unless you both vacate on the last day of the fixed term, a statutory periodic joint tenancy (a.k.a. a rolling contract) will arise the day after the fixed term expires, and you and the other tenant will be liable for at least another month's rent.

                You can give notice to quit to end the tenancy after it becomes periodic - the notice must be at least a month, and also expire at the end of a tenancy period (I don't know what date this should be until you tell us what the contract says - but it may not be the 29th of the month). If your LL will accept a notice to quit from you expiring 29th August, then it may be easiest to go along with it - but is he expecting both of you to move out at your notice expiry? Has the LL actually agreed to grant a new tenancy to your flatmate in his name only?

                Hi
                the contract does not have an end date, it just sais its a six months term commencing 29 febuary 2011, I have asked my landlord if I can leave on the 29th August but he is saying I will owe him rent although I paid rent in advance when I moved into the property
                The Landlord have I think according too my flatmate agreed too let him have the tenancy on his own,
                He knows that it is just myself wanting too move away from the property but not sure if my flatmate is going too afford £700 on his own a month

                Comment


                  #9
                  Originally posted by Welshman View Post
                  Hi
                  the contract does not have an end date, it just sais its a six months term commencing 29 febuary 2011,
                  But there was no 29th February this year! If there had been a 29th Feb this year, the fixed term would expire on 28th August, not 29th August.

                  I have asked my landlord if I can leave on the 29th August but he is saying I will owe him rent although I paid rent in advance when I moved into the property
                  As I said, unless you and the other tenant BOTH move out on the last day of the fixed term, a statutory periodic tenancy/rolling contract will automatically arise, i.e. the tenancy will carry on, and you'll both be liable for at least another month's rent. So, basically, if the other tenant doesn't want to move out, you're stuck with paying rent for September.

                  1) What date does LL say you can serve notice to vacate?
                  2) Do you pay rent monthly in advance?
                  3) What day does the rent fall due?
                  4) What date did you actually move in?

                  Comment


                    #10
                    If other tenant is willing to pay doule rent from 27th Aug (or 1st Sep) as OP alludes in #8 then it may be academic as to when Welshmans' tenancy ends.

                    Comment


                      #11
                      If a new AST is granted by LL & signed by the other T, in his name only, from 30th of Aug then you will be able to leave on 29/8 with no further payment as this will leave other T solely liable from that date.

                      If LL is not happy to do this then you need to both leave on the 29/8 ...but as inferred by westminster i would be out on the 28/8.
                      A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                      W.Churchill

                      Comment


                        #12
                        We have date confusion overload.
                        No fixed term date specified, only '6 months from start of T', yet start date of 29/02/2011 did not exist. Was this a simple typo for 28/02/11 or did LL think Feb was a 'normal' month of 30/31 days? Only CC Judge can decide. Surely OP must know date he/they moved in by ref to diary etc!
                        Let us assume a typo and T commenced 28/02/11, so last day of fixed term is 27/08. Commencement date 01/03/11 - fixed term ends on the last day of Aug 11.
                        As Westminster says it is either 'one out, all out' on last day of fixed term otherwise an auto SPT is created at 00:01 the following day, which binds both Ts, even if 1 has vacated on last day of FT. Thus OP remains jointly & severally liable for full rent & T damages until the T can be legally concluded by giving required Notice under SPT rules.
                        I believe OP could serve reqd 1 month SPT Notice on/before last day of fixed term which would expire one day before next rent due date eg 30 Sept.
                        Serve = deemed received by LL not date posted by T unless delivered by hand to LL address.
                        As for advance rent payment, most rent is payable in advance of due date.
                        OP should have paid monthly rent x 6 to take him to end of fixed period Another months rent would be due a day later for the full following rent period, no refunds
                        In this particular scenario by not giving LL 1 month notice before start of 6 month of fixed term OP has left himself exposed. Even if LL only pursues remaining T for dues, the rem T could sue OP for his share.

                        Comment


                          #13
                          ... for further confusion the day after 28/2 was 1/3 which may have been the intended/start/move-in date !
                          A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
                          W.Churchill

                          Comment


                            #14
                            Originally posted by Welshman View Post
                            He knows that it is just myself wanting too move away from the property but not sure if my flatmate is going too afford £700 on his own a month
                            Then might it not be a bad idea to ask him and find out, pronto? If he can and will pay the full rent alone, then it will be no skin off the landlord's nose to let you go at the end of August as he will still receive the full monthly rent.

                            However, bear in mind that even if your flatmate says he's willing to pay the full amount that still may not be acceptable to your landlord if the flatmate doesn't earn enough - depending on what criteria the landlord uses to vet prospectuve tenants. So he may be unwilling to grant a new, sole tenancy in your flatmate's name, which leaves you still potentially on the hook for 100% of the rent (not even just 50%) indefinitely, as long as your flatmate stays in the property.

                            Comment

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