Ending a Periodic Tenancy Agreement

[graeme2911]

Does anyone have any experience in housing/rental law?
I've given my notice to leave a property I have a statutory periodic tenancy (month to month) which I pay for on the 10th of each month. Notice was given on 21st March, to leave 21st April. The letting agents are insisting we owe until the 10 May.

My tenancy agreement states:
"
Ending the tenancy- The tenant may not end the tenancy before the end of the fixed term Tenancy. If you want to end the Tenancy at the end of the fixed term we will require one months written notice. We will confirm reciept of your notice, we advise you to send any notices via recorded or special delivery. If the Tenancy is a periodic (month to month / rolling) then you will still need to provide one months written notice, this can be given at any point during the Periodic Tenancy. If we do not receive any confirmation we will automatically assume the Tenant requests a rolling contract.
"​

Anyone able to offer any advise please? Internet research offers mixed responses

 

[ijjysmith]

I'm not much help mate, but that doesn't sound right.

The Letting Agent will try and rinse you for everything they can though. So be careful.

 

[Tubey]

Seems pretty clear to me that you have to offer a months notice prior to your next payment date.

So because you're living in the house from the 10th April to the 21st, you should pay the full rental cost from the 10th of April to the 10th of May as you haven't given sufficient written notice and there's no reason to expect the rent to be pro rata.

I think the letting agents are right on this one, but I'm no expert. Citizens Advice Bureau could give you a better idea.

 

[bluejock]

Seems pretty clear to me that you have to offer a months notice prior to your next payment date.

So because you're living in the house from the 10th April to the 21st, you should pay the full rental cost from the 10th of April to the 10th of May as you haven't given sufficient written notice and there's no reason to expect the rent to be pro rata.

I think the letting agents are right on this one, but I'm no expert. Citizens Advice Bureau could give you a better idea.

This is my belief as well mate, but like Tubey says, speak to CAB.

 

[Bruce Wayne]

Presumably you're offering to pay on a pro-rata basis for the period up until you move out?

 

[micknick]

Just had a really similar thing- I paid my rent on the 25th of each month, they let me move in on the 22nd of the month as I had paid all fees, month up fron etc. I gave my notice on the 24th (Sunday) and they then said I had to pay another month because I hadnt given notice from my tenancy so were asking for 8 weeks when In reality I was only going to be there for another 3.

I argued that I as I was only a day late in essence as it was the weekend they said 6 weeks to be paid. I carried on and said what if you can get a tenant in early and they agreed that I would only have to pay a month.

 

[graeme2911]

Presumably you're offering to pay on a pro-rata basis for the period up until you move out?

Yep, that's correct

 

[graeme2911]

Just found this on CAB website...

Periodic tenancies

If you want to end a periodic agreement you must give your landlord a valid notice to quit. The notice to quit must:
...
...
•expire on the first or last day of a period of the tenancy (unless your tenancy agreement says otherwise).

Surely, it has to be written into a contract. Ours merely states:

If the Tenancy is a periodic (month to month / rolling) then you will still need to provide one months written notice, this can be given at any point during the Periodic Tenancy

This implies that it is one month from the date of notice.

 

[Bruce Wayne]

Yep, that's correct

I'm a landlord as well and personally wouldn't have a problem with what you've done. That's more down to the spirit of the law than the letter of the law though.

 

[evilwebby]

The letting agents are wrong, period.
1 month notice means 1 month notice, not 1 month plus whatever time until your next payment is due.

Likewise the landlord is obliged to give you 2 months notice if he wants you out of there.

Tell this to their faces, and don't take any further sh1t off them. Lettings agents are pretty much scum and will tell you anything to try to extract some extra wonga.

 

[Foot Long Hot Dog]

From the information provided I would say that you've fulfilled your obligations by giving a months written notice. However, if they're disputing it & you reach a conflict situation with them, then they're liable to withhold the difference from your bond.

I would definitely involve CAB who will clarify & make the agent aware of their opinion.

 

[graeme2911]

Just to keep people informed, mainly so they know their rights if they ever find themselves in this situation.

I've been lucky enough to have links to legal professionals, including solicitors, housing specialists and someone who works at the CAB. Because of this, I haven't had to take any paid legal advice (or phone queue for hours for CAB!)

Basically, the contract is 100% the binding factor in this. Normally periodic tenancies can only be ended on the last day of a period (in my case, the 10th of each month). However, if the tenancy agreement says otherwise, as mine does - see above posts, then this supercedes the normal practice, and negates the tenant from following the normal practice.

The advice on CAB is 100% correct, and it is also backed up by uk.practicallaw.com/ (you have to pay for access, but I know a few people in that area as I say).

I've informed the letting agent of this, and we have not had a reply concerning this again. We paid the rent due to the move out date (10th April) and we have not been chased / told that this is going any further due to none payment.

Like I say, just FYI and I hope it can help someone out in future.