Periodic Tenancy agreement dates?
Discussion
We are moving from one rented property to another- we're well outside of an Assured tenancy agrement, so are currently on a rolling periodic tenancy (calender month).
We gave notice on the 26th of last month to finish the tenance on the 4th December- almost 6 weeks notice.
The letting agent is attempting to say that we haven't given proper notice as our agreement runs from 17th to 17th of each month.
On our contact for an AST the contract commences on the 17th (july 2010), but it notes that we pay our rent a month in advance on the 1st of each month, not the 17th- you can't pay your rent in advance, if its only paid on the 1st and no 17th.
I'm telling the letting agent that their contract isn't clear, that i've given them more than enough notice, and that i am entitled to end the contract on the 1st should i wish to.
Is it clear cut? what steps can i take to protect ourselves if neccessary. My feeling is that it will come to nothing as they'll let the property on the first or second viewing- but forewarned is forearmed and all that!
We gave notice on the 26th of last month to finish the tenance on the 4th December- almost 6 weeks notice.
The letting agent is attempting to say that we haven't given proper notice as our agreement runs from 17th to 17th of each month.
On our contact for an AST the contract commences on the 17th (july 2010), but it notes that we pay our rent a month in advance on the 1st of each month, not the 17th- you can't pay your rent in advance, if its only paid on the 1st and no 17th.
I'm telling the letting agent that their contract isn't clear, that i've given them more than enough notice, and that i am entitled to end the contract on the 1st should i wish to.
Is it clear cut? what steps can i take to protect ourselves if neccessary. My feeling is that it will come to nothing as they'll let the property on the first or second viewing- but forewarned is forearmed and all that!
As I understand it, the intervals stated in your shorthold tenancy remain the same when it has expired and becomes periodic.
Therefore if you paid rent on 17th of each month then the notice and the rent you pay has to run 'til the 16th of the next full month.
Googling 'Section 21' notice sees lots of info from the landlords point of view.
Therefore if you paid rent on 17th of each month then the notice and the rent you pay has to run 'til the 16th of the next full month.
Googling 'Section 21' notice sees lots of info from the landlords point of view.
Assuming that you are on a Statutory Periodic Tenancy (these automatically begin once a tenancy period / contract ends and no further agreement has been signed) then you [as the tenant] only need to give 1-months notice.
The dates for this notice need to be in line with the date your rent is due. Simply put, if your notice was served on the 26th Oct then the earliest you could move out would be November 30th. You would need to agree the amount of rent due for your 'part month'.
The Letting Agent is trying to hold onto their revenue stream. They also may have no idea about tenancy law - very few do. Tell them that you're going to the CAB.
Make an appointment with your local CAB. Take your tenancy agreement and your notice with you. They will be able to advise you as to how to ressolve this under the Law.
The dates for this notice need to be in line with the date your rent is due. Simply put, if your notice was served on the 26th Oct then the earliest you could move out would be November 30th. You would need to agree the amount of rent due for your 'part month'.
The Letting Agent is trying to hold onto their revenue stream. They also may have no idea about tenancy law - very few do. Tell them that you're going to the CAB.
Make an appointment with your local CAB. Take your tenancy agreement and your notice with you. They will be able to advise you as to how to ressolve this under the Law.
52classic said:
As I understand it, the intervals stated in your shorthold tenancy remain the same when it has expired and becomes periodic.
Therefore if you paid rent on 17th of each month then the notice and the rent you pay has to run 'til the 16th of the next full month.
Googling 'Section 21' notice sees lots of info from the landlords point of view.
^^^^^ The above posting is correct, and should be followed by the OP to comply with legislation.Therefore if you paid rent on 17th of each month then the notice and the rent you pay has to run 'til the 16th of the next full month.
Googling 'Section 21' notice sees lots of info from the landlords point of view.
Wings said:
52classic said:
As I understand it, the intervals stated in your shorthold tenancy remain the same when it has expired and becomes periodic.
Therefore if you paid rent on 17th of each month then the notice and the rent you pay has to run 'til the 16th of the next full month.
Googling 'Section 21' notice sees lots of info from the landlords point of view.
^^^^^ The above posting is correct, and should be followed by the OP to comply with legislation.Therefore if you paid rent on 17th of each month then the notice and the rent you pay has to run 'til the 16th of the next full month.
Googling 'Section 21' notice sees lots of info from the landlords point of view.
I pay my rent on the 1st of each month to cover the period from the 1st to the 1st- i paid extra the first month to make up the differnce from the 17th (when the tenancy commenced) to the first of the month.
The AST contract date was the 17th.
If your Assured Shorthold Tenancy Agreement was started/dated from 17th day of the month, then your One Month Notice must be dated from the 17th day of the month, with the Notice ending on the next 16th day of the month. So a One Month Notice dated from 17th November 2011, would end the tenancy on 16th December 2011.
It is usual for the rental payment day and the start of the AST to be the same day of the month.
I am posting a link to another poster’s similar situation to yours, the same which might assist you to negotiate a settlement with the agents.
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
It is usual for the rental payment day and the start of the AST to be the same day of the month.
I am posting a link to another poster’s similar situation to yours, the same which might assist you to negotiate a settlement with the agents.
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
mk1fan said:
No, it runs from when the rent is due, which in this case is different to the contract dates.
It is usual for the rental payment day to be the same day of the month that the tenancy (agreement) started from. However in some instances a tenant may request, due to receiving their wages on a different day, to ask if they can pay their rent on a different day in the month.The above however does not alter the starting date of the tenancy, or the day in the month when the Notice should be dated, started from and ending, which in the OP’s situation if his tenancy/agreement started on 17th, then his Notice should start on the 17th, ending on the proceeding 16th day.
Wings said:
It is usual for the rental payment day to be the same day of the month that the tenancy (agreement) started from.
It maybe usual but the OP clearly stated in their first post that rent was paid on a different day.Having checked elsewhere the notice can be served at anytime but must expire the day before the contract date (which I've had wrong for a while) and last at least a month (calendar).
Therefore, I would suggest the OP re-serve notice today to expire on the 16th of December and pay the additional 12-days rent.
Edited by mk1fan on Thursday 3rd November 18:57
[quote=mk1fan]
It maybe usual but the OP clearly stated in their first post that rent was paid on a different day.
Having checked elsewhere the notice can be served at anytime but must expire the day before the contract date (which I've had wrong for a while) and last at least a month (calendar).
Therefore, I would suggest the OP re-serve notice today to expire on the 16th of December and pay the additional 12-days rent.
No, mklfan, I now believe that you were correct in your earlier post, that the period of the rental payment, serves as both the period and date of the Notice. I apologies to you for getting it wrong, learning every day.
This High Court Judgment clearly sets out the procedure for serving a Notice during a Periodic Tenancy.
http://www.britishcaselaw.co.uk/church-commissione...
Lastly, the OP should clarify dates with the agents, then serve A Notice accordingly.
It maybe usual but the OP clearly stated in their first post that rent was paid on a different day.
Having checked elsewhere the notice can be served at anytime but must expire the day before the contract date (which I've had wrong for a while) and last at least a month (calendar).
Therefore, I would suggest the OP re-serve notice today to expire on the 16th of December and pay the additional 12-days rent.
No, mklfan, I now believe that you were correct in your earlier post, that the period of the rental payment, serves as both the period and date of the Notice. I apologies to you for getting it wrong, learning every day.
This High Court Judgment clearly sets out the procedure for serving a Notice during a Periodic Tenancy.
http://www.britishcaselaw.co.uk/church-commissione...
Lastly, the OP should clarify dates with the agents, then serve A Notice accordingly.
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