Rent due date moved and notice served in time?

[AimeeMars]

Hello everyone,

 

Could anyone help please, I am currently renting a flat, the rent due date was the 9th of every month, however a couple of months into the tenancy, I asked it it could be moved if I pay extra, they agreed and the rent due date was changed to the 15th of every month (I paid them the equivalent of 1 weeks rent to move this).

 

My 12 months has been and gone so now on a period tennancy, I gave one months notice on the 12th of April, to move out on the 12th May they have now said this is past your agreed 'rent due by' date and cannot now serve the notice until the 8th of May to move out 8th June!

 

I have argued my point that my 'rent due date' is now the 15th not the 9th but they wont budge and said they will keep my deposit if I dont pay my rent until the 8th June!

Is this right? I feel like they are being unfair and unjust!

My deposit is protected by the dispute service.

 

I checked my rental agreement and it states:

"While the tenancy is periodic the one month's written notice must expire the day before a rent due date."

 

 

Thanks in advance if anyone can help!

Aimee.

[Planner]

Setting aside the confusion over which is in fact the ‘rent due date’ (8th or 15th) why, if your contract says that your notice period must end the day before a rent due date (lets assume the 14th) have you served notice to end on the 12th of a month? - Your notice therfore appears invalid for both the 8th and the 15th rent payment dates.

The date of the 8th of June that your letting agents have given also appears incorrect - from your contract - this should be the 7th of June?

[Aequitas]

Section 5 (3) (e) of the Housing Act 1988 says in respect of a periodic tenancy that "the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy". Accordingly the clause in your agreement which says: "While the tenancy is periodic the one month's written notice must expire the day before a rent due date" is of no effect. It is the sort of clause that finds its way into tenancy agreements when it has no business there and creates confusion.