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Hello,

Myself and my husband have lived in te same rented property for 6 years.

We rent the property through an estate agent who acts on behalf of the landlord.

 

We were recently very lucky to come across an ideal larger property for rent privately dealing with a private landlord direct and have been offered the property.

On Monday (this week) I put in our 1 month's notice in writing to the estate agent for our current place and told them we would be moving out in exactly one month from then.

They replied saying they wouldn't accept the notice because it has to be given from our rent date- as listed in the tenancy agreement.

Well our rent date is the end of the month and has been and gone.

So basically they won't take the month's notice until the next rent date

which means we are forced into paying another month's rent- when we won't even be here for the best part of what we'll be paying. The property will be bloody empty!

We have to move in exactly one month from now as this is what the new landlord wants as they are going abroad and need to complete the tenancy before they go.

I think this is a ****ty clause- it basically guarantees the landlord another month's rent for sweet f.a, so they're not out of pocket too long whilst looking for new tenants.

Meanwhile I have a month's rent and deposit to find for the new place- now another month's rent for here when we won't even be here!

 

Fair enough we signed the contract and I guess we are bound but I really think it's unfair.

Properties for rent come up when they come up- any time of the month.

You view it, decide you like it and the notice goes in- or not in our case.

How the hell can you plan to be leaving exactly when a rent date falls?

I don't think anybody does.

That's how they are guaranteed the money!

It's an easy win.

 

I was looking on the O.F.T website and came across something worded similar to this as being an unfair clause.

 

What do you think?

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Hello

 

Just wanted to wish you luck we too are in a similar position, we have only been told today that we have been accepted for the new property we are moving to, my problem is our lease states rent due on 1st of month, but we pay our rent 15th, it looks like i will have to wait until Aug 1st to give notice, but our new property is ready and waiting.

 

We are going to see if we can negatiate with current landlord, if he wont budge, i will ask him to use our bond money as the last rent payment.

 

I will keep following your thread.


:eek: Looking hard to see a light at the end of the tunnel :eek:

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Its common. Nothing unfair about it. The principle has been long established in 'common-law' and statute.

 

Your notice must end on the same date in the month that the fixed term of your contract came to an end (which is often, but not always a rent payment date).

 

So, serve your notice again now with the correct date, it doesnt matter that you are giving more than a month.

 

Good luck.

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Are either of you on Housing benefit? Because you can ask for an overlap payment of up to 4 weeks for situations like this. Whether they give it you is a different thing, but the scheme is there to be used.

 

And yes, whack your notice in now, to the correct date. DO NOT hand back the keys until that date, (but don't be late with them ((and get a receipt)) - that could be an excuse for them to get yet another month out of you) because you are responsible for that property whether or not you are in it. You must be present at the check out inventory otherwise you leave yourself wide open to accusations of damages, then they'll be all sorts of problems about deposits and what have you. make sure you readit and agree with it before you sign it.

 

Good luck in your new homes chaps!

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