Giving notice on rented property

[Progressive]

In my contract it states that the after the initial tenancy agreement (6 months) expires, the landlord needs to give 2 month's notice and myself needs to give 1 month's notice.

Is the notice period 1 month from the day the notice is given (any day of the month) or does it have to be 1 month from the original calender date of the original agreement (21st of the month). Example: If I submitted the notice today (22nd of the month) I would in effect be required to hold the property for almost 2 months as we have already passed the 21st?

Apologies if that is confusing!


Thanks,

[Jasandjules]

It's one month from the date of the notice.

[Progressive]

just dug out the contract. it sates that:

"if the fixed period has ended when the notice is given, the notice must end the tenancy on the last day of a period of the tenancy".


Excuse me for being a little slow, but does that mean the notice must end on a certain date? Not just a month drop when it is given?

Thanks again,

[Marcellus]

Depends on what the contract says.

I know mine says that the I need give one months notice and that the contract will always end on the 5th of the month.... so if I give notice on the 6th of a month I am effectively giving 2 months notice whereas if I give it on the 5th only 1 months.

Bit of a pita as we're just about to buy and looking to exchange on the 20th April so will have to give notice on the 5th April, move out on the 20th but pay rent and be liable until the 5th May...

[Progressive]

I think I need to establish whether the 'last day of the rental period' is the last day of the calender month, or the last day of my rental month (21st).

Suggestions?

[Progressive]

The landlord also told me the property is now up for sale on the morning of the 21st. Later that day, it was up on the net. A sneaky (read: sensible) way of making sure he's got tenants in for another 2 months?

[Manks]

Progressive said:

Example: If I submitted the notice today (22nd of the month) I would in effect be required to hold the property for almost 2 months as we have already passed the 21st?

Thanks,

Yes.

If you are in a statutory periodic tenancy (i.e. the fixed term has ended) you must give one month or four weeks (if you pay weekly) notice to end at the end of a full rent period.

So, you should give notice from your next rent day and leave at the end of that rent period.

[Kermit power]

Progressive said:

The landlord also told me the property is now up for sale on the morning of the 21st. Later that day, it was up on the net. A sneaky (read: sensible) way of making sure he's got tenants in for another 2 months?

If he'd told you on the 22nd, yes. However, as he told you on the 21st, you could have given notice in return and only had to give a month.

If you can't move out within a month, then whether you have to give 31 days' notice or 31 days plus the remainder of the month is somewhat academic.

[Progressive]

Kermit power said:

If he'd told you on the 22nd, yes. However, as he told you on the 21st, you could have given notice in return and only had to give a month.

If you can't move out within a month, then whether you have to give 31 days' notice or 31 days plus the remainder of the month is somewhat academic.

I don't want to move. He doesn't know that. Is he making sure that he has got somebody is for as long as possible until it sells. Like it or not, we are having to stay for another 2 months (just about). He can take viewings every night (with notice). Just going to be a carry on, that's all. Somebody is coming round shortly to do a survey. Somebody else is coming to decorate a room next week.

[anonymous-user]

Progressive said:

I think I need to establish whether the 'last day of the rental period' is the last day of the calender month, or the last day of my rental month (21st).

Suggestions?

Basically the notice will run from the day before your rent day (the one specified in the contract)

[Kermit power]

Has the landlord actually given you notice?

Just telling you he's putting the house on the market isn't the same thing as formally giving you notice of termination.

[Progressive]

No notices have been given by me or him. He has put it up for sale, that's all. I'm just not sure I want to stick around while the selling takes place. Feels like with the viewings I'll be waiting for the cull. Although only renting, I saw myself here for a while. Part of me wants to move on and start a home as best as I can again.

[anonymous-user]

Progressive said:

No notices have been given by me or him. He has put it up for sale, that's all. I'm just not sure I want to stick around while the selling takes place. Feels like with the viewings I'll be waiting for the cull. Although only renting, I saw myself here for a while. Part of me wants to move on and start a home as best as I can again.

You do know that you do not have to agree to viewings. Quiet enjoyment and all that.

[anonymous-user]

With a sitting tennant he may sell the place to another investor of course, so you may not need to move.

[Jasandjules]

Progressive said:

just dug out the contract. it sates that:

"if the fixed period has ended when the notice is given, the notice must end the tenancy on the last day of a period of the tenancy".


Excuse me for being a little slow, but does that mean the notice must end on a certain date? Not just a month drop when it is given?

Thanks again,

I am not sure that would be particularly enforceable as being a reasonable term - but Landlord Law is not something I like... Perhaps a land law person will be along to check (I only really read up on land law a year or two ago to help a friend out with his problems!)..

[Progressive]

Bluequay said:

With a sitting tennant he may sell the place to another investor of course, so you may not need to move.

Even if he doesn't sell to an investor, no notice has been served by him (as of a day after the rental date) so I have got nearly 3 months should I want to stick around for a while.

Almost 2 months if I don't. The whole idea of people coming to view it is putting me off massively. I won't go into that though as it's covered in another thread.

[Davel]

Either way, I'd start looking for somewhere else now.

I wouldn't want the hassle either but do take advice if you feel that you are being buggered about.

I have a house let till October. It's been on the market for a year or so now but I wouldn't dream of trying to fix viewings unless the tenants were happy with this.

Your Landlord should be talking to you and trying to come to some sort of compromise.

You have rights as mentioned earlier - probably more than the Landlord has!

[Manks]

Jasandjules said:

Progressive said:

just dug out the contract. it sates that:

"if the fixed period has ended when the notice is given, the notice must end the tenancy on the last day of a period of the tenancy".


Excuse me for being a little slow, but does that mean the notice must end on a certain date? Not just a month drop when it is given?

Thanks again,

I am not sure that would be particularly enforceable as being a reasonable term - but Landlord Law is not something I like... Perhaps a land law person will be along to check (I only really read up on land law a year or two ago to help a friend out with his problems!)..

It's very enforceable because it is simply restating the law.

If the tenancy has become statutary periodic (the fixed term has passed) the landlord or tenant must give two months or one month notice respectively, the end date to coincide with the end of a tenancy (rent) period.

[Jasandjules]

Manks said:

It's very enforceable because it is simply restating the law.

Do you have a link to the statute?

[matthewg]

Davel said:

You have rights as mentioned earlier - probably more than the Landlord has!

which are?