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I've given one month notice to my landlord but they have replied saying : [i]Under law the notice period you must give is one month and must end the day before a rent day. Your tenancy will therefore end on 13th November, up to which rent is due.[/i]
I can't see anything about this in the contract I signed and it smells of bovex to me.
Anyone know more about this hitherto unknown law?
Why not aske them to show you where in the contract it says that, and tell you what part of which law applies?
as a tenant I am sure it is one month, i have always gone for the day before rent day because it was easier for me.
It's true-ish.
They've confused tenancy periods and rental periods but they're often one and the same thing.
(Assuming you pay monthly and you've already moved onto a periodic tenancy)
How weird.
I assumed I just have to give a certain amount of notice, but it appears that I need to give that much plus the amount of time remaining till the end of the current period.
What a nightmare.
I fell foul of this in the very first flat we rented. The timing of confirming we had somewhere to move to meant we actually had to wait 8 weeks to surrender our tenancy. I managed to negotiate it down to 6 weeks in the end.
ex letting agent here 😆
most contracts have that clause in and it's to maximise the time you are on notice to enable all the necessary's like finding another tenant, pre-tenancy checkouts etc....
If it's in your contract then they can enforce it, if it's not then they can't.
geordie:
If it's in your contract then they can enforce it, if it's not then they can't.
Not quite correct. A periodic tenancy (i.e. outside of the fixed term AST) requires the 1 period from next rent payment even if it's not in the original AST document. If you're still in a fixed term AST period then it is whatever is written in the document.
Notice
If you have a periodic tenancy (which means that the original fixed-term has ended and your tenancy runs from week to week or month to month), you have to give one month's notice in writing, or longer if you pay your rent less often. The notice should end on the first or last day of the period of a tenancy. Once the notice ends, your tenancy ends and you no longer have any right to live in your home.If you have a fixed-term tenancy (ie for one year) you will only be able to give notice during the fixed-term if your tenancy agreement says it is allowed. The length of notice you have to give depends on what your tenancy agreement says.
http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies
If you ask nicely, them may refund any rent if they manage to let it early. Happened to me and I got 2 weeks rent back.
We were also surprised several years ago when we moved out of flat. Our notice moved from what we thought was a month to 7 weeks! We told the letting agents that we'd move out asap if the new tennants wanted us to. My lady did the viewing, which she really enjoyed as a former letting agent and we ended up moving out early!