Query on two months notice!

[Jhawc24]

My daughter has received two months notice from the landlord after the six month shorthold was up.

Based on monthly rent - when a tenant gives a months notice it has to end either on or the day before the rent is due, ie. rent due every 24th notice ends on 23rd. Yet this landlord (through an agency) has given 2 months notice ending say on the 29th almost a week after rent is due.

So my question is will my daughter have to pay another months rent on the 24th for the final five days?

Any advice kindly accepted, Joan

[calvi36]

pay the rent on a pro rata basis, ie 5 days only.

[Jhawc24]

A little confused the agents have just written to my daughter requesting that she come in and sign a new tenancy agreement because her six months expired on the 24th March. She'll have to pay £47 for the privalige. Yet May 29th they issued a two months notice for possession!!

Talk about wanting your bread buttered on both sides

[Aequitas]

This is just "churning" by the agent. They cannot make your daughter pay for a new tenancy agreement unless she agrees to pay for it. (Cost of Leases Act 1954). Point out to the agent that by the time the notice has expired, court proceedings issued, the matter heard and the order for possession takes effect something like four or five months will have elapsed.

[Jhawc24]

My daughter has written to the agents with a proposal to clear her arrears that she has prior to the tenance ends. The proposal she has made is what she can afford and stick to.

The agents seemed to have ignored the proposal and written to her giving her two days to get in touch. They have increased the outstanding amount by £35 yet they have not advised her of any charge. Nor is there any charges laid out in the tenancy agreement. Although she did pay by a cheque once which then she had to stop cos she didn't have enough to cover it at the time.

Can they make a charge like this? any pointers gratefully accepted.

She is resending the letter repaying off the arrears by 'signed for' this time. Also in that letter she requested that they stopped phoning her, but they are still ringing her twice a day. She just ignores the call. So I am going to send them the letter re:harrassment by phone.

Luckily she has been offered a house by the council - so will be moving out within the notice period sec21 she has been given.

Regards, Joan.

[jackieandwayne]

Just a comment, you described so clearly the legalities of serving section 21 Notice on an Assured Shorthold, re getting the dates right! You wouldn't believe the hoo hah this has caused recently with County Court Judges where I live and work. All of a sudden the judges started refusing us housing officers possession orders - we couldn't understand what they were talking about - there was us four HO's, all supposed to bright and sharp - well it took us weeks to work out this date thing! We got it now, but I have to tell my colleagues on Monday that it must be us and not them who can't grasp it!

I wish you daughter luck, shortholds are no fun and she'll be so much better off in affordable local authority housing.