Renters rights - tenancy moving from fixed term to rolling
Discussion
My daughter rented a flat on a 12-month fixed term contract which was due to end later this month, which was what she wanted. She has already got another place to move in to. It appears that her old fixed term contract changed in to a rolling tenancy, and the landlord is now telling her that she has to pay another month as she didn't give them notice that she was leaving.
Her admin is a bit chaotic, so it is quite possible that she received an email that was ignored, but she has not acknowledged or signed up to any change in her contract.
Anything she can do, or is this an unintended consequence of her rights being "improved"? All she wants to do is leave on the date specified in the contract that she signed. Just to make it all better, she's a junior doctor and in common with many of her peers she is now unemployed as the NHS doesn't have any jobs for them ....
She's contacting CAB, but there response may take a while so any experience or knowledge from PH would be appreciated.
Her admin is a bit chaotic, so it is quite possible that she received an email that was ignored, but she has not acknowledged or signed up to any change in her contract.
Anything she can do, or is this an unintended consequence of her rights being "improved"? All she wants to do is leave on the date specified in the contract that she signed. Just to make it all better, she's a junior doctor and in common with many of her peers she is now unemployed as the NHS doesn't have any jobs for them ....
She's contacting CAB, but there response may take a while so any experience or knowledge from PH would be appreciated.
She didn't need to sign up for anything. The rules changed in April and the concept of fixed term disappeared.
She should have received an email / letter from the landlord by the end of May notifying her of the rule change. It's worth checking that she did.
But because the rules changed, she does have to give 2 months notice.
She should have received an email / letter from the landlord by the end of May notifying her of the rule change. It's worth checking that she did.
But because the rules changed, she does have to give 2 months notice.
My daughter and her boyfriend are having a bit of a mare at the moment, they want to move, have to give 2 months notice yet almost everywhere they see, they want someone in, in a month.
Only shining light is they weren't informed by the landlord of the renters rights changes which I believe there was an obligation to do so by a certain date which has since long passed, which could result in a hefty fine for the landlord so they could use that angle as a bargaining tool to give only 1 month notice, issue is the landlord is her aunt and uncle (my wife's brother and his wife), so a family issue may well be on the horizon!!
Only shining light is they weren't informed by the landlord of the renters rights changes which I believe there was an obligation to do so by a certain date which has since long passed, which could result in a hefty fine for the landlord so they could use that angle as a bargaining tool to give only 1 month notice, issue is the landlord is her aunt and uncle (my wife's brother and his wife), so a family issue may well be on the horizon!!
If her old contract stated one month notice, then this is all she needs to give - the RRA aimed to not disadvantage tenants with regards to the notice period. However, if it did not state a notice period, then two months' notice is required.
She should have been issued with an information sheet regarding the Renter's Right's Act in May, either by post or email from the landlord or agent. If she hasn't received this (the landlord/agent should be able to show proof that it was served) then they are at fault.
As with all these things, check her contract is the first port of call.
She should have been issued with an information sheet regarding the Renter's Right's Act in May, either by post or email from the landlord or agent. If she hasn't received this (the landlord/agent should be able to show proof that it was served) then they are at fault.
As with all these things, check her contract is the first port of call.
LemonParty said:
If her old contract stated one month notice, then this is all she needs to give - the RRA aimed to not disadvantage tenants with regards to the notice period. However, if it did not state a notice period, then two months' notice is required.
Hmm, I've never seen that mentioned anywhere. I thought it was always 2 months now - and always 4 months for the landlord regardless of what the original tenancy agreement said.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff