Notice Period?

[Geofruct]

I have given notice, 30 days, to my agent that I'm moving out. They say the notice must coincide with the anniversary date of the agreement, and that my notice is 14 days too early.

I wondered, as the initial fixed period was 6 months (the contract switched to rolling after that), which has long past, back in October 2013, am I really obliged to align my notice period with the anniversary date? Can't I just submit notice when I see fit, and not be forced to pay an extra 14 days rent?

[Lifes a game]

If its monthly then you will have to give 1 month notice that ends on a payment date.

http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_periodic_agreement

I have given notice, 30 days, to my agent that I'm moving out. They say the notice must coincide with the anniversary date of the agreement, and that my notice is 14 days too early.

I wondered, as the initial fixed period was 6 months (the contract switched to rolling after that), which has long past, back in October 2013, am I really obliged to align my notice period with the anniversary date? Can't I just submit notice when I see fit, and not be forced to pay an extra 14 days rent?

[worzel]

I have given notice, 30 days, to my agent that I'm moving out. They say the notice must coincide with the anniversary date of the agreement, and that my notice is 14 days too early.

I wondered, as the initial fixed period was 6 months (the contract switched to rolling after that), which has long past, back in October 2013, am I really obliged to align my notice period with the anniversary date? Can't I just submit notice when I see fit, and not be forced to pay an extra 14 days rent?

What does the contract say on the matter?

[Damocles]

What follows relates specifically to statutory periodic tenancies arising under section 5 of the Housing Act 1988 and where the parties have not agreed anything to the contrary after the periodic tenancy started. The position may be different where there is a contractual periodic tenancy.

When giving a notice to quit under a statutory periodic tenancy it is necessary to distinguish between rent periods and tenancy periods. A rent period is the period from one rent day to the next. A tenancy period is the period of a periodic tenancy which is calculated by reference to when the fixed term tenancy ends. The length of the period is determined by the frequency with which rent was payable immediately before the fixed term ended.

Suppose you have a shorthold tenancy granted for a period starting on 15th May and ending on 20th December which provides for rent to be paid on the 15th of the month. If a statutory periodic tenancy arises after the fixed term expires it will be a monthly tenancy and the first day of the first period will be 21st December. Every period of the tenancy will start on the 21st of the month and end on the 20th of the month. A notice to quit must be expressed to expire at the end of such a period, the law allowing the date to be inserted to be either the 20th or 21st. The rent periods (running as they do from the 15th to the 14th of the month) will not coincide with the tenancy periods and a notice expressed to expire on the 14th or 15th of the month will be invalid. The fact that invalid notices are often accepted in the belief that they are valid does not change the position.

[Helena Handcart]

Hi,

A newbie but long time lurker here. Have just come up against this very situation ourselves. Three weeks after we moved in the landlord paid us a visit stating he would be back next year from working away. This was a bolt from the blue and directly contradicts information we were given by the agent when viewing the property. Landlord confirmed in April that he was coming back. We have found somewhere but the landlord won't release us earlier than the "rental period" so now we are stuck with paying double rent or lose the new property.

Feeling very aggrieved but don't really want to create a problem regarding references, deposit etc.

I really think the rental sector needs a good shake up. We've had experience of several different "types" of letting agent in the last few years and invariably have been left feeling panicked about the crossover period between old and new rental properties, there is very little available in our area.

E.g. Landlord would only consider renewing for a whole year (agent said it was the area norm)

And this time trying to tie in a new property with leaving this one on a rental period date. There are about 8 weeks to go.

Sorry if this seems trivial but moving is incredibly stressful anyway without feeling like people have been "completely" cynical in luring you in to pay their mortgage without being honest about their intention to come back, without showing any understanding or flexibility at all (a few days) claiming they can't afford for you to leave early.

[The Knimbies who say No]

Hi,

A newbie but long time lurker here. Have just come up against this very situation ourselves. Three weeks after we moved in the landlord paid us a visit stating he would be back next year from working away. This was a bolt from the blue and directly contradicts information we were given by the agent when viewing the property. Landlord confirmed in April that he was coming back. We have found somewhere but the landlord won't release us earlier than the "rental period" so now we are stuck with paying double rent or lose the new property.

Feeling very aggrieved but don't really want to create a problem regarding references, deposit etc.

I really think the rental sector needs a good shake up. We've had experience of several different "types" of letting agent in the last few years and invariably have been left feeling panicked about the crossover period between old and new rental properties, there is very little available in our area.

E.g. Landlord would only consider renewing for a whole year (agent said it was the area norm)

And this time trying to tie in a new property with leaving this one on a rental period date. There are about 8 weeks to go.

Sorry if this seems trivial but moving is incredibly stressful anyway without feeling like people have been "completely" cynical in luring you in to pay their mortgage without being honest about their intention to come back, without showing any understanding or flexibility at all (a few days) claiming they can't afford for you to leave early.

It's one of the few occupations where a totally unprofessional approach can be taken with few consequences. My current place is being sold by the LL at end of AST period (2years). While not a surprise, as it was up for sale or rent when we viewed, it is pretty galling to know noone gives a toss about people being evicted without recourse when if we were up to our necks in mortgage arrears we would become a political touchstone.

I generally ask for multiyear rental deals in order to limit the damage, but that is not without risks too.

Welcome to the forum and I hope your situation works out as well as possible.

Edited May 30, 2014 by The Knimbies who say no

[lastlaugh]

I have given notice, 30 days, to my agent that I'm moving out. They say the notice must coincide with the anniversary date of the agreement, and that my notice is 14 days too early.

I wondered, as the initial fixed period was 6 months (the contract switched to rolling after that), which has long past, back in October 2013, am I really obliged to align my notice period with the anniversary date? Can't I just submit notice when I see fit, and not be forced to pay an extra 14 days rent?

Ending a tenancy requires just as much negotiation as starting one. The law requires you to give notice aligned with your rental period, but there is nothing to stop you leaving earlier or indeed later. There might be a cost involved, but there might not. It might suit both you and your landlord to overstay a few days or even leave earlier. The best thing to do is to negotiate what you want with your landlord. The law is only the default setting if both parties can't come to a mutually beneficial arrangement.

[Damocles]

The law requires you to give notice aligned with your rental period.

Please see post 4.

[Bland Unsight]

...

Sorry if this seems trivial but moving is incredibly stressful anyway without feeling like people have been "completely" cynical in luring you in to pay their mortgage without being honest about their intention to come back, without showing any understanding or flexibility at all (a few days) claiming they can't afford for you to leave early.

It doesn't seem trivial - quite the opposite, as anyone who has recently had to box their life for a house move will agree. Often voiced opinion here is dreadful tenancy rights encourages people to overpay for crap houses, and I am inclined to agree.

Thanks for posting.