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Urgent advice needed on quitting tenancy

(15 Posts)
Supergem Thu 30-Jan-14 08:50:03

Hi desperate for advice on this I signed up to a six month tenancy on the 29th of November 2012. Once that ran out it moved onto a rolling agreement.
Now I'm wondering about notice to quit dates. Did the rolling tenancy become effective from the 30th of month thus still allowing me to give notice to quit today (30th) and move out 4 weeks later or have I missed the boat this month?

pancakesfortea Thu 30-Jan-14 08:54:44

Phone shelterline. They will know.

SwimmingMom Thu 30-Jan-14 08:56:42

It's reasonable to give notice today. Hurry!

Supergem Thu 30-Jan-14 09:05:51

Thannks both! The more I think about it the more I think it the deadline must be today. Will phone shelter to double check!

tiredoutgran Thu 30-Jan-14 10:19:42

You have missed it! If the tenancy began on 29th then the rent period is 29th - 28th, you should have given notice by 4.30 on 28th, having said that check the wording in your tenancy agreement. I have in the past given 4 weeks notice mid period and never had a problem, I just adjusted the final rent for the days up to us leaving. It depends on the LL as to whether they will push for another months rent or not.

holidaysarenice Thu 30-Jan-14 10:22:55

1 months notice or 2?

Juno77 Thu 30-Jan-14 10:25:12

Once you have passed the initial 6 months (which for you ended on 29th May 2013), you are able to give your 2 months notice, anytime.

If you give notice on the 6th of a month, you will leave on the 6th, 2 months later.

There is no obligation to follow with the dates you signed your tenancy.

Supergem Thu 30-Jan-14 11:15:31

Thanks all. Just tried Shelter but couldn't get though. Pretty sure that I only have to give 1 months notice however am still confused about when the commencement date of the rolling tenancy is taken from.
I read one thing online that said if the AST ended on say 29th, then the rolling tenancy begins the following day. Other sources say the rolling tenancy begins the same day!
Good point about the tenancy agreement - I've scoured it and there's no mention of any provision regarding tenant giving notice! I've noticed it seems pretty shoddily drafted in other respects too.
I guess my best bet is to try handing it in in writing to estate agent today (Landlord is overseas) and seeing what they say.

NadiaWadia Sat 01-Feb-14 00:10:29

Juno - the advice you are giving is completely wrong, assuming the OP is in England or Wales. The dates the tenancy started are very important, you can't just give notice at any date in the month. Also, it is one months notice, not two.

Where are you getting your 'facts' from? I wonder if you are a letting agent [hollow laughter].

NadiaWadia Sat 01-Feb-14 00:16:37

OP I also think you have missed the boat for leaving at the end of February, unfortunately. You should have given notice on 28th or possibly 29th, not completely sure, but I think 30th was definitely too late. Maybe they will let you off though. have a very helpful forum, maybe you should post there. It is often very hard to get through to Shelter, the best time to ring is either right at the beginning or right at the end of their day.

Juno77 Sat 01-Feb-14 00:28:13

Apologies. I'm in Scotland - the law must be different here on tenancies.

Ignore me!

Elderberri Sat 01-Feb-14 00:30:39

You need to check your contract, it might be four weeks from the date you moved in. So if it was the 30th, you would have to give notice on the 30th or the first day after.

NadiaWadia Sat 01-Feb-14 01:16:26

Sorry Juno I should have thought you might be in Scotland - I think I came over a bit arsey.

I can't believe how different the law is between Scotland and England!

pancakesfortea Sat 01-Feb-14 08:04:14

Worth checking the law, but it only matters if the LL wants to hold you to it. They might just decide its easier to let you go when it suits you. So don't feel too limited in what you propose to the LL / agent. If its basically reasonable and doesn't leave them out of pocket they will probably agree.

specialsubject Sat 01-Feb-14 11:54:27

notice tenant to landlord is one month, to expire on normal rent payment day. Landlord to tenant is two months.

but as noted, if they can get someone else in quickly they might be quite happy to let you go.

anyway, get moving on getting it in writing.

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