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Hi

My daughter has been renting a property for just over 6 months. She has now chosen to go to another town. The original tenancy contract was a 6 month contract which expired on the 18th November 2012. After asking the landlord how much notice she had to give, the reply was one month, as although nothing was stated in the original contract, I have been lead to believe that this then automatically goes on to a Standard 'statutory periodic tenancy'

The issue that has now come up, is that my daughter has now found another property,and therefore gave the landlord one month's notice, as of the 23rd November 2012. She has paid her deposit on the new house, and her contract starts on her new house on the 14th of December 2012 (to give her a week to move in). The landlord has now come back and said, that the one months notice has to be as from the 18th December 2012, as the 18th of the month is when the old tenancy contract began, which results in her actually giving her 8 weeks notice.

Where do we stand? Do we have to do as the landlord is stating? Hopefully not, as my daughter has not got the extra month's rent, and we all know who will be paying it ( I love you Mummy & Daddy ). If this is the case, and we do end up having both properties for one month, how do we then stand in that the 'old' house will more than likely be left empty during this period.

Thanks in anticipation of your response:???:

Regards

Jon Sandalls

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The T is SPT from 19 Nov and LL is correct over Notice dates. It Statute. not LL that sets SPT dates ie Notice must be served (received) by the end of 1 tenancy period (18th) to expire at end of next T period. Unfortunatley, dau served Notice on 23 Nov, so her Notice & tenancy will end on 18 Jan, unless she can negotiate early surrender with the LL.

Note LL is not permitted to take repo whist T continues, so he may be amenable to early surrender so he can get Contractors in to refurbish or Let to new T.

If the property is empty for more 21 days during T, dau may be in breach of Contract (Buildings Ins condition) & would be liable for damage caused by frozen pipes etc occurs before 19th Jan.

If you or dau had sought advice earlier, she would have realised she could have vacated T at end of fixed term (18 Nov) without Notice, but the SPT requirements were automatic at 1sec past midnight on 19th Nov.

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Many thanks for your reply, Looks like the 'love you Mummy & Daddy' will be coming into play. Regards Jon

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