Clarification on AST notice period

[jmsgld]

Rented a house 15 months ago on a 6 month AST, after the initial 6 months I have just kept paying rent.

I want to move out at the end of February and informed the agent of my intentions on the 20th Jan (The earliest that I knew).

The agent is saying that I can only give notice on the day I started the original contract (13th of the month) and must give 1 month's notice.

There is no notice period stated in the original 6 month AST contract, and I have neither signed nor agreed anything verbally since.

The contract does state that notice should be given on the 13th of the month.

The agent is suggesting that I need to pay for a full month from the 13th... My viewpoint is that as there is no set notice period stated in the contract, there is no set notice period... and I can give notice on the 13th, it will just be 2 weeks notice.

Anyone able to clarify?

Thanks, James

(Corrected from original post)

Edited by jmsgld on Tuesday 27th January 18:45

Edited by jmsgld on Tuesday 27th January 18:48

[jmsgld]

Thanks for the swift reply, much appreciated.

[jmsgld]

Yep, that's where the confusion arose.

I pay rent on the 1st of the month prospectively (at the LL's request), but the rental period is defined as 14th-13th and hence notice must be given then.

How should the rent for the 1/2 month be worked out, as a proportion of the month of February or as a proportion of the year?

Thanks again, James

[jmsgld]

There is a special term in the original AST;
"The day of the month on which the tenancy starts is deemed to be the day by which all notices must be served and will take effect. "

I think the error was mine rather than their's, and as such I am happy to accept it.

I actually paid 5 & 1/2 months upfront to secure the house and currently pay rent monthly on the 1st of the month, so to the 13th will either be
13/28 x PCM rent or
13/365 x 12 x PCM rent

I guess I need to look at what I paid initially and just pay the other half...

[jmsgld]

I like PurpleMoonlight's take on things, and that seems to make sense to me, I had forgotten that I pay rent on the 1st of the month...(Hence original post edited)

Does anyone else agree?

[jmsgld]

I've just checked the original AST and it ended on the 31st of the month, and I have been paying rent on the 1st of each month since.

It does also state that the rental period is 14th to 13th of each month and that all notices should be given by then...

Does the original AST that I signed still hold or is that no longer relevant now we are almost a year past it's ending?

[jmsgld]

Thanks for all the replies, seems to raise some strong opinions!

Just to put it all in context, I am both a LL and a tenant. I have always tried to be as fair, understanding and kind as possible with all my tenants. I have ended ASTs before the end of fixed terms, reduced rents and changed leaving dates all in line with tenants requests and I will continue to do so.

I was after a legal perspective rather than a moral one, and have only given details relevant to the former.

Just to clarify, the AST ended on the 31/03/14 and rent has been paid on the1st of the month thereafter. I gave notice on the 20/1/15 with a view to ending the tenancy on the 28/2/15 so 1 month and 11 days notice.
Having read up on the Shelter website linked above, my understanding is that a periodic tenancy was started on 1/4/14 and as such my periodic tenancy runs from the 1st of each month. My view is therefore that by the 28th Feb, I will have served my notice. Having said that I may well do as the lLL wishes rather than risk vengeance.

Thanks again, James