Tenancy notice period confusion

[ICY]

would end the tenancy around the 4th however when this was submitted to the agents they said the tenancy will not cease until around the 28th.

 

I have not got her tenancy agreement yet, but I have a copy of another agreement from the same agents and it has absolutely no mention of how much notice is required on vacation of the property.

 

Are they right to demand that she keeps paying for over 2 weeks rent which is outside of the months notice she given them and when they will be in possession of the keys?

 

The difference is £200-300 I don't have the exact dates with me unfortunately so having to guess a little, but there isn't likely to be much different

[mariner51]

Without T dates, length of fixed term etc it is impossible to advise.

If T served NTQ during fixed term, she cannot vacate T til last day of fixed term. She can move out earlier, subject to 'empty property' requirements but will remain resp for rent and property until end of fixed term.

If valid NTQ was served after fixed term ended (now SPT), expiry dates must relate to T periods, which require min 1 month to almost 2 months. Again She can move out earlier, subject to 'empty property' requirements but will remain resp for rent and property until end of fixed term.

[ICY]

The tenancy was a 6 months ASH tenancy which is around 4 year old.

 

If this is a requirement on leaving the property why doesnt it form part of the tenancy agreement, very few tenant will be aware of this, surely the whole point of a tenancy agreement is to provide all the relevant rules and regs and requirements one of which would include what to do on termination. Any legal contract should have all the terms enclosed.

 

she was also being bugged to let them in to take photos and was told the property had to be clean (fair enough) and in a position to be photographed, she is moving out she has boxes piled up everywhere, being a wheelchair user it is a hard task to get everything packed up in the packing process theres now not much room anywhere.

[mariner51]

So we assume T is now Statutory Periodic whose conditions are set by Staute (written) Law not unwritten Common Law.

The fixed term Notice conditions are often inaccurately detailed in AST. It would be near impossible to detail all nuanances of Statute in AST

The basics are included in previous post.

Without precise T start dates, I can only assume LA is correct with their date of ~28th.

Too many Ts think they only have to give 1 months Notice at any point in T. Incorrect. Ignorance of Law is no defence, esp with Internet

[ICY]

Ignorance is no excuse?

 

How dare you be so rude, if I am honest I find this remark very ignorant.

 

A tenancy agreement is a legal contract, is it not, so how can there be legal terms that they don't bother to put in, agents are supposed to be professionals who know their field and relevant statutes and should make sure their clients are fully aware of ALL requirements that form part of the contract. But if they did that then they wouldn't be able to cash in when the tenants only find out after its too late. I am not disagreeing to statutes, what I am disagreeing to it the consumer not being informed of their requirements.

 

This is a very important key point of the tenancy agreement, it is not something which is trivial, if tenants are required to give notice on a set date THEY SHOULD BE MADE AWARE OF IT, had this happened then the notice would have been given and the move date altered to suit, thereby not wasting almost £300.

[The Carpet Cleaners]

What you say is very valid Icy, but the agents have only 2 loyalties..

 

Themselves

The Landlord

 

You as the tenant have no legal ties with the agent at all, everything they do is on behalf of the Landlord.