Tenancy notice period and rent liability

[edsmith323]

Hi All

 

I need a bit a advice with a tenancy question.

 

A friend of mine is living in rented accommodation, she has only lived there for 6 months and wishes to leave. She has found somewhere else to live and has given notice to her letting agent of her intentions.

 

This is where the question is.

 

She has been told she is now on a rolling tenancy as she's out of her fixed term, her rent date is the 7th of the month. She has given her notice to leave on the 10th of the month, with her intended moving out date being the 10th October 2013. The letting agent have informed her that she is liable for the rent on the flat until the 7th November because she didn't give notice correctly. What they are saying is that effectively her notice period can only start from the next full rent period I.e 8th October to the 8th November. Their reason is she is liable for the rent to end of the notice period and that because she has given notice at the wrong time it would mean the landlord was out of pocket for remainder of the time the flat spends empty.

 

I personally think that is crazy.

 

The agent has also said that if they find a tenant to move in between the 10th October and 8th November she'll receive a pro-rata refund of the rent. I have queried with the agent that if it's works for a pro rata refund that it can surely work for a pro rata rent payment, I.e pay for the 3 days into the new rental period.

 

How can it be my friends responsibility to cover the rent for the remaining days in October to early November to prevent the landlord being out of pocket. After the 7th November the landlord may still be out of pocket if there isn't a new tenant moved in, will she be asked to cover the rent then? (Sorry for sounding flippant).

 

Thanks in advance

 

Ed

[Lea_HTH]

Letting agent is correct by law. Notice must be given for one rental period in a periodic tenancy, which usually means to end the day before the next rental period starts - i.e. in your friend's case, on 6th of the month.

 

If she gave notice at any time after 7th September, then the notice runs to 6th November. letting agent is wrong about 7th November, that would be the date the next month's rent is due - she has to move BEFORE the next rent is due, i.e. latest 6th Nov.

 

The landlord is entitled to appropriate and correct notice being given, just as she would have expected appropriate and correct notice being given to her if the LL wanted her out. Works both ways in law. If the property is rented during that period then the LL should refund her rent, but if it remains empty he is entitled to keep it. It doesn't work for paying part rent into a monthly rental period UNLESS the LL is in agreement - since the law is on his side, it's not likely he'll agree.

[edsmith323]

That's ashame, he's a pretty shoddy landlord to be fair, left her without a fridge a 2 months, the built in one packed up he didn't seem too bothered. We had to lend her a small fridge until it was sorted. His only comments were these things happen.

[Lea_HTH]

That's ashame, he's a pretty shoddy landlord to be fair, left her without a fridge a 2 months, the built in one packed up he didn't seem too bothered. We had to lend her a small fridge until it was sorted. His only comments were these things happen.

 

No obligation for a LL to provide a fridge - white goods in the kitchen may become the responsibility of the tenant, unless the tenancy agreement specifies otherwise regarding repair/maintenance.