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Rolling Contract


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#1 brownthing

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Posted 14 March 2006 - 02:48 PM

We came to the end of a 6-month contract and verbally agreed with the landlady to continue on a rolling contract basis where we have to give a month's notice before leaving.
Well the neighbours from hell have moved in below us, so we have desperately found another flat and handed the notice in on ours. The landlady rang up today though to say that we have to actually give a months notice from our rent day, is this correct? There's no mention in our old contract, and it means we're going to end up paying pretty much double rent next month.

#2 backtoparents

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Posted 14 March 2006 - 03:56 PM

We came to the end of a 6-month contract and verbally agreed with the landlady to continue on a rolling contract basis where we have to give a month's notice before leaving.
Well the neighbours from hell have moved in below us, so we have desperately found another flat and handed the notice in on ours. The landlady rang up today though to say that we have to actually give a months notice from our rent day, is this correct? There's no mention in our old contract, and it means we're going to end up paying pretty much double rent next month.


From shelter

Periodic tenancies

If your agreement is periodic (ie. rolling from week to week or month to month), you normally have to give at least four weeks' notice to end it, or a month if you have a monthly tenancy. The notice must be in writing and must end on a day when the rent is due, or the day before. Ask an adviser about the dates if you're in any doubt.

The only exceptions to this are:

* if your landlord agrees to accept a shorter notice period (see above), or agrees that someone else can take your place (see below)
* if you are an excluded occupier, in which case you only have to give whatever notice is specified in your agreement, or 'reasonable notice', which is usually the same as one rental period (ie. one week, if you pay the rent weekly), or
* if you pay rent less often than monthly. If this is the case, you have to give notice equivalent to a rental period (ie 3 months, if you pay the rent quarterly)


hth

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#3 brownthing

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Posted 14 March 2006 - 04:14 PM

From shelter
hth

btp


Bugger. this is going to be an expensive move.
Worth it though, as the people below are a complete nightmare.

#4 backtoparents

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Posted 14 March 2006 - 07:19 PM

Bugger. this is going to be an expensive move.
Worth it though, as the people below are a complete nightmare.


Would have been worse if you'd bought the thing!

Take it on the chin, try delaying move into new place as long as possible.

btp
"We've become a nation of con men, living by selling double glazing to each other." - Fred Dibnah MBE

"Yes, I know I bang on about this but it's the elephant in the kitchen." - Jeff Randall talks about Britain's ballooning personal credit problem in the Daily Torygraph, 3rd May 2006

198 ways to take action.

#5 MrShed

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Posted 14 March 2006 - 10:55 PM

Just to confirm, yes the landlady is correct. May be worth speaking to the landlord of your new place about it, either see if they will let the tenancy start later, or if they will allow you to pay say half rent in the interim couple of weeks. It's possible. However, they would probably only really give it if you made them think you wouldn't take it otherwise, and I wouldn't recommend this, not the best way to start a new tenant/landlord relationship!

#6 brownthing

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Posted 15 March 2006 - 09:21 AM

Yep, it's a good thing it's rented. We woke up last Sat and decided we had to move fast, that afternoon we had a holding deposit down on another flat.
To be honest money's not that important in this case, I just don't want my 7-month old son going to bed listening to the thug downstairs shouting 'you f***king evil wh*re' to his girlfriend. Even 2 weeks seems like way too long.

#7 brainclamp

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Posted 15 March 2006 - 12:01 PM

Your landlord should be providing you with a reasonable standard of accomodation.

If you cannot sleep or function in the enviroment then you are able to move out in accomodation at thier expense while she sorts the problem out.

For example - My brother rented accomodation, signed a rental agreement, found it was not upto scratch as the bed was damp and he refused to replace it, moved out into a hotel, and charged the landlord for expenses and inconvience. They didn't pay or refund his deposit so he took him to small claims court (and won).

If you find you cannot live in your accomodation provided because it falls below a reasonable standard, then its the landlords problem - not yours! Especially with a 7 month old baby.

You will have to have some form of evidence that there is disruption (which sounds easy to obtain) - then write a letter to the landlord to refund you saying that you cannot live under these circumstances.

You should be aiming to recover the rent paid from when you move out, in a small claims court. Either way you don't have much to lose.

It is important to communicate formally with your landlord about this and refuse the rent on this basis.

#8 MrShed

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Posted 16 March 2006 - 03:00 AM

I would disagree.....the poster would have a nigh on impossible time trying to claim rent is not due to be paid based upon circumstances outside of the landlords control. I hear what you are saying, but where it counts(the courts), this simply would not be accepted as an argument.

#9 brownthing

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Posted 16 March 2006 - 09:56 AM

I would disagree.....the poster would have a nigh on impossible time trying to claim rent is not due to be paid based upon circumstances outside of the landlords control. I hear what you are saying, but where it counts(the courts), this simply would not be accepted as an argument.


I'm inclined to agree... more hassle then it's worth. And to be fair, the landlady did pay for underlay to be fitted in an attempt to solve the problem.


She's quite reasonable actually, so i was going to ask whether she would consider letting us out early if she found a tennant that could move quickly.
We're moving out the a week Saturday anyway, so it'll be empty.

#10 MrShed

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Posted 16 March 2006 - 10:12 AM

If she does find another tenant, then she is not entitled to charge both of you the rent, so you would get some of your rent refunded.




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