Ending tenancy query

[sawman]

not sure if this is the right forum, coulfnt decide between homes, legal or finance - mods please move as you see fit.

My daughter has been renting a flat on a 12 month assured short term let for 12 months. she started this on 29th july 25, the contract says the term finishes 28th july 2026. she was planning to roll and stay for another year on a month by month basis.
Having got a new job (offered 5th june) starting in August 100 miles away she will be moving. So on the 5th june she contacted the agent to advise she would move out at the end of the 12 month tenancy.

The agent tells her she cant do that as she has to give 2 months notice, and that the notice period needs to be to a rent due date, meaning that they want rent up to 29th August. blaming newly introduced government rules for this

Is this right? or are they snatching a months rent. (She is in England, btw)

thanks in advance

[Sideways Tim]

The renters rights act has changed the landscape somewhat and yes, two months is now the notice period for both landlord and tenant.

[Scabutz]

Law changed on 1st May. Fixed term tenancies ended and everything became a rolling one. 2 months notice is required and yes it does have to line up to the rental period.

Depends on the Landlord, might be open to negotiate. I gave the 2 months notice recently and let them advertise during it and then they found someone who could move in before the end and so they pro rata my last rent payment

[sawman]

Thanks both, I was under the mistaken belief that the renter rights thing was supposed to be helping tenants...

[Scabutz]

sawman said:

Thanks both, I was under the mistaken belief that the renter rights thing was supposed to be helping tenants...

Swings and roundabouts. I had to move to somewhere I didn't want to because the act prompted my last landlord to kick me out and sell up. Then the new law came on and it allowed to get out of the 12 month fixed and to move to somewhere I did want.

[richhead]

sawman said:

Thanks both, I was under the mistaken belief that the renter rights thing was supposed to be helping tenants...

Nothing the government has done recently helps renters.

[Philvrs]

sawman said:

Thanks both, I was under the mistaken belief that the renter rights thing was supposed to be helping tenants...

As a landlord i understand the changes brought about by the government are supposed to be communicated to any tenants in the situation of your daughter.
If she didn’t get them she may have a case to not give 2 months notice.
If she did and ignored them, then its on her.

[davek_964]

sawman said:

Thanks both, I was under the mistaken belief that the renter rights thing was supposed to be helping tenants...

Well, if the landlord wanted to kick her out - and there are now very few reasons they can - they have to give 4 months.

[Mr Pointy]

sawman said:

Thanks both, I was under the mistaken belief that the renter rights thing was supposed to be helping tenants...

And yet you seem to think it's OK for your daughter to give just 3 weeks notice of moving out. What did her original agreement that applied before the change in the law say about notice periods. Did she comply with that?

[sawman]

Mr Pointy said:

And yet you seem to think it's OK for your daughter to give just 3 weeks notice of moving out. What did her original agreement that applied before the change in the law say about notice periods. Did she comply with that?

She contacted them in 5th june, expecting to vacate 29th july which is 7 and a half weeks according to my calcs .
The original contract doesnt appear to stipulate a notice period, just end date of 12 month tenancy which then reverts to a month by month arrangement

[sawman]

Philvrs said:

As a landlord i understand the changes brought about by the government are supposed to be communicated to any tenants in the situation of your daughter.
If she didn t get them she may have a case to not give 2 months notice.
If she did and ignored them, then its on her.

She doesnt think she had notification of change in regs.

[davek_964]

sawman said:

She doesnt think she had notification of change in regs.

That's quite important. The landlord could face big fines if she didn't - she should have received it by the end of May.

If she really didn't, that would be a pretty good negotiating tactic.

[crossie]

she needs to check her contract

[blindspot]

There was a grey area over whether a typical notice period in most ASTs of 1 month, ending the day before a due date was wiped and replaced by the RRA specified 2 months.

MHCLG have announced that where a notice period is specified in an AST (usually 1 month, as above) then that will count as being agreed by the LL. It may be that this is over-reaching the actual statute, but until someone ends up in court, who knows.

If there's no notice period specified in the AST she has to give 2 months notice. If there is a notice period specified, she has to give that.

[drmike37]

In reality, she could just stop paying the rent and leave. There’s absolutely FA the landlord can do apart from keep the deposit. And that’s a ball ache.

[davek_964]

drmike37 said:

In reality, she could just stop paying the rent and leave. There s absolutely FA the landlord can do apart from keep the deposit. And that s a ball ache.

The agency I used was absolutely useless in most ways - but very thorough when vetting potential tenants.
In a world where landlords generally have their pick of tenants, I don't think that failing to pay rent helps you get to the top of the list in future rentals.

[sawman]

Thanks for the comments. As an update she has found an email from agent advising of renters right changes, hadnt paid this sufficient attention but at the time wasnt expecting to be moving. Such is the way junior doctor careers pan out with 12 month contracts and next job other side of the country.

So will have to suck it up!

[drmike37]

I suppose there is the reference issue.
If she were my tenant, and had been a good one, I’d probably ask her to help re-let (accommodate viewings etc) in return for waiving her notice period. Has she discussed any options with her landlord?