handing in notice

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    handing in notice

    Hi

    There are currently three of us renting a house and we have all just handed our notice in.

    We are now on a rolling contract but each of us pays the landlord on a different day of the month.
    We are aware that we have to give our months notice on the day of the month our lease started, however since we all signed up at different times the landlord is saying that we all have to leave on the day of the month which the first person signed up. Is this right I as I would have expected that each persons lease would finish on a different day?

    It works out that we would have to pay him alot more money if we do all pay it the way he wants. and we want to minimise the amount of money we give him since he has a tendancy to let himself in when we are at work for a snoop around. He was even caught looking in the fridge one time.

    Thanks any advice would be appreciated.

    #2
    If each holds a separate tenancy, the date can be different for each irrespective of what L wants.
    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).

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      #3
      Originally posted by jeffrey View Post
      If each holds a separate tenancy, the date can be different for each irrespective of what L wants.
      Assuming of course they all do have a seperate AST and where not added to the original AST by a deed of assignement when the old tenants left. fattylaurance can you clarify.

      Comment


        #4
        Thanks for the reply.

        Ok. We were all added to the same AST as each person moved in.

        The confusion has come about because the LL keeps changing his story. Sometimes he says we all have to leave on the day the first person moved in but then one time he said we had to move out on the day the last person moved in?

        Comment


          #5
          Forget "moving-in" dates if there is ONE tenancy, which has been handed-down: there is ONE termination/leaving date.
          If there are >1 tenancies, there are >1 leaving dates.
          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


            #6
            I think your all bound by the terms of the original AST then, and this includes the finish date of the fixed term (which you use to get the date on which your notice period should end). Looks like you Landlord is correct.

            Jeffery?

            Comment


              #7
              Remember there is no requirement by tenants to serve Notice to end the fixed term of an assured shorthold tenancy, only if it becomes periodic!
              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


                #8
                Surely each tenant cannot be added to a single agreement as they move in?

                My question would be did you decide to rent together beforehand, or did the LL put you together?

                My opinion: Technically, I would say the original agreement stands unless there is a proper deed of assignment each time a new tenant is added. With this I mean the original AST only applies to Tenant number 1 when he signed it originally.
                If the Tenants are currently paying individual rent on the anniversary of the day they moved in, it sounds like individual tenancies to me that started when they moved in, so notice will apply to their own individual dates.

                Sounds like a right mess to me. Suit yourself is my 'advice'.
                All posts in good faith, but do not rely on them

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