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Periodic Notice Period & Contract


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Hi All,

 

I really would like help from someone.

 

We started out AST on 14th November 2008, when the AST came up for renewal we asked not to sign another and it went on to a rolling monthly / periodic tenancy.

 

We then decided we wanted to move and both of us read our original AST contract front to back and it doesn't state *anywhere* what notice period we have to give. So we wrote out our letter giving a month's notice as of 22nd August 2009 to move out on the 21st September.

 

We've now been told by the managing agents that we have to give notice as of the 14h of the month to move out on the 13th, in other words we can't now give notice until the 14th September to move out on the 13th October!!!

 

This would be fine if i'd have spotted it in the contract but it doesn't say anything anywhere!!! Surely if it's contractual it should state it in our contract?

 

Can anyone help me?

 

Thank you

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Hi, GeorgieGirl.

 

Sorry I cant help :rolleyes: but will move this thread to the appropriate Forum.

 

Regards.

 

Scott.

 
 

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It should be in your contract yes, normally it runs from your rent payment due date.

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If it's not specifically stated in your contract, it's one calendar month calculated on a rolling basis from the date you signed/started the tenancy agreement - that should be on your docs!

Edited by foolishgirl
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The LA is correct. When an AST rolls over to a statutory periodic tenancy, all the terms of the original agreement apply EXCEPT for notice periods. Under a SPT the tenant must give one month's notice, or the LL must give TWO month's notice, both to end on the last day of the rental period. Since your original rental period start date was 14th of the month, your notice must be given as from the 14th of the month, to end on the 13th of the following month.

 

This above is legal statute and therefore not required to be shown in the tenancy agreement.

 

Actually - you can move out whenever you like, but you are liable for the rent until 13 October.

 

Sorry - I suspect this is not the answer you wanted. Is LL prepared to negotiate?

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Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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If it's not specifically stated in your contract, it's one calendar month calculated on a rolling basis from the date you signed/started the tenancy agreement - that should be on your docs!

#

Which is exactly what the LA has stated.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Thank you Scott, sorry i posted in the wrong place.

 

And thank you to you all for your help. It doesn't state it in my contract but what it does say is that if they send any correspondence then it's part of the contract and they sent a letter stating it should be the 13th etc. So there we go. I'm still going to move out on the 19th Sept but my partner is going to stay until October so reducing the amount we're both paying.

 

I just wish it was in the contract, after all, isn't that where you would look for things like this? Plus i thought the Ombudsmen states that agents aren't allowed to use a tenants ignorance of the law against them so if it's an industry "standard" but it's not in the contract then it's ignorance! Anyway there we go.

 

Thank you all again.

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It doesn't state it in my contract but what it does say is that if they send any correspondence then it's part of the contract and they sent a letter stating it should be the 13th etc.

 

Was this letter sent to you to attach to the contract at the beginning of the tenancy?

 

Plus i thought the Ombudsmen states that agents aren't allowed to use a tenants ignorance of the law against them so if it's an industry "standard" but it's not in the contract then it's ignorance!

 

Sorry but in defence of the agent (not something I do often;)), he is not "using a tenant's ignorance against them" he is simply adhering to the law - and it is the law, not an "industry standard". If he did not, then the LL, whom he represents (tenants often forget this...) could sue him for negligence.

 

Now you have this all sorted, good luck in your new home. And you can always come back and ask us if there is anything you are not sure about re tenancy law.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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It doesn't state it in my contract but what it does say is that if they send any correspondence then it's part of the contract

 

That has to be highly dubious. It seems to give the landlord the right to unilaterally change any term of the contract. That has to be contrary to the Unfair Terms in Consumer Contracts Regulations if indeed it is not contrary to some other legal principle.

 

and they sent a letter stating it should be the 13th etc.

 

If the fixed term ended on the 13th of the month, then they are right, although in fact the notice can expire on either the last or first day of a period of the tenancy.

 

I just wish it was in the contract

 

If it was, it would in fact be of no effect. The Housing Act 1988 provides that where there is a statutory periodic tenancy any term relating to notices that bring hte tenancy to an end does not apply.

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