New Tenancy agreement dated 2 weeks ago, recieved yesterday
Discussion
My Landlady pushed a new tenancy agreement through my door with a fairly large increase in rent yesterday ( December 12th) and new rules that we are currently in breach of ( no pets - she knew we had pets) of as they were not in the previous tenancy agreement put in place by her late husband. upon reading it, the agreement is dated 30th Nov 16 , and states that if we wish to vacate, then we have to give 30 days notice, which must include a rent day. me and my wife wish to leave before the end of the month ( when the rent increase comes into effect) - what legal grounding do we have - surely it cant be legal for her to date it 30th Nov when I haven't received it till December 12th?
Tinkshusband said:
My Landlady pushed a new tenancy agreement through my door with a fairly large increase in rent yesterday ( December 12th) and new rules that we are currently in breach of ( no pets - she knew we had pets) of as they were not in the previous tenancy agreement put in place by her late husband. upon reading it, the agreement is dated 30th Nov 16 , and states that if we wish to vacate, then we have to give 30 days notice, which must include a rent day. me and my wife wish to leave before the end of the month ( when the rent increase comes into effect) - what legal grounding do we have - surely it cant be legal for her to date it 30th Nov when I haven't received it till December 12th?
She can date it when she likes. We can only presume she signed and dated it last month, and just forgot to drop it round for you to sign until now. It's absolutely worthless until signed and dated by everybody, and you wouldn't back-date your signature.Until you do sign and date it, your previous tenancy remains in force - rent/pets/everything - even if the fixed period on it has expired. It's called a Statutory Periodic Tenancy, and can be terminated by you at any time by giving one complete rent period's notice. The landlord needs to give two complete rent periods. So, if your rent is paid on the 20th, and you give notice by 20th Dec, your tenancy ends on 20th Jan. If she gives notice by 20th Dec, your tenancy ends on 20th Feb. You can, of course, mutually agree to a different end date.
Under the terms of the active (signed and valid) tenancy if you wanted to leave at the end of this month you needed to give notice at the end of last month*
That's the bad news - everything is negotiable as landlord clearly wants you gone so she may waive notice period.
Usually leverage points of confirmation of protected deposit etc also apply.
Whilst IANAL I cannot see that an unsigned, post dated tenancy is worth the paper it is printed on.....
- Assumes you pay monthly and that you had spent the period of your AST (6 or 12 months)and it was now rolling monthly.
That's the bad news - everything is negotiable as landlord clearly wants you gone so she may waive notice period.
Usually leverage points of confirmation of protected deposit etc also apply.
Whilst IANAL I cannot see that an unsigned, post dated tenancy is worth the paper it is printed on.....
TooMany2cvs said:
She can date it when she likes. We can only presume she signed and dated it last month, and just forgot to drop it round for you to sign until now. It's absolutely worthless until signed and dated by everybody, and you wouldn't back-date your signature.
Until you do sign and date it, your previous tenancy remains in force - rent/pets/everything - even if the fixed period on it has expired. It's called a Statutory Periodic Tenancy, and can be terminated by you at any time by giving one complete rent period's notice. The landlord needs to give two complete rent periods. So, if your rent is paid on the 20th, and you give notice by 20th Dec, your tenancy ends on 20th Jan. If she gives notice by 20th Dec, your tenancy ends on 20th Feb. You can, of course, mutually agree to a different end date.
Not quite correct, in the event of the OP/tenant serving one month Notice on 20 December 2016, then the tenancy would end on 19 January 2017. In the case of the landlord serving two months Notice on the OP/tenant on 20 December 2016, then the tenancy should end on 19 February 2017.Until you do sign and date it, your previous tenancy remains in force - rent/pets/everything - even if the fixed period on it has expired. It's called a Statutory Periodic Tenancy, and can be terminated by you at any time by giving one complete rent period's notice. The landlord needs to give two complete rent periods. So, if your rent is paid on the 20th, and you give notice by 20th Dec, your tenancy ends on 20th Jan. If she gives notice by 20th Dec, your tenancy ends on 20th Feb. You can, of course, mutually agree to a different end date.
In respect of the rental increase, then a clear one months calendar Notice of the increase is required, so the same rental increase, if accepted by the OP/tenant, can not take place until 20 January 2017.
My advice to the OP is delay your written reply, mean while enjoying Christmas, whilst possibly seeking alternative accommodation.
If your fixed term contract is coming to an end, you don't need to give any notice to leave. You just have to be out on the last day of the contract and you need to be moved out by then. If you stay a day over, you're in to a periodic contract, and then will need to give 1 month's notice.
If you want to go at the end of your original contract, then just let the landlord know you will be leaving. If you are currently only a monthly/periodic, then you need to follow the notice timeframes set out in the contract.
If you want to go at the end of your original contract, then just let the landlord know you will be leaving. If you are currently only a monthly/periodic, then you need to follow the notice timeframes set out in the contract.
Slagathore said:
If your fixed term contract is coming to an end, you don't need to give any notice to leave. You just have to be out on the last day of the contract and you need to be moved out by then. If you stay a day over, you're in to a periodic contract, and then will need to give 1 month's notice.
If you want to go at the end of your original contract, then just let the landlord know you will be leaving. If you are currently only a monthly/periodic, then you need to follow the notice timeframes set out in the contract.
Spot on!If you want to go at the end of your original contract, then just let the landlord know you will be leaving. If you are currently only a monthly/periodic, then you need to follow the notice timeframes set out in the contract.
She hasn't served you with a notice to quit 2 months before end of current contract. So you can now decide - go at end of contract or let it auto roll over the 12m into a periodic tenancy retaining old terms. She can then give you 2 months notice or negotiate like a grown up who treats people decently. You could also play the 'void' card - losing a month's rent will negate any sneaky clauses or rent increases. Keep her guessing - or do the deal on your last day, bags packed!
Hate sneaky landlords so am happy to work against them with inside knowledge!
Hate sneaky landlords so am happy to work against them with inside knowledge!
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