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Q about notice on a rental.

(17 Posts)
Stella08 Fri 18-Nov-16 07:32:29

Good morning.

I'm hoping to get a bit of clarification on general tenancy agreements.

My rent runs from the 1st to the end of the month. I'm moving into a new build and up to now my current LL has been good as I've had to retract my notice twice due to delays with the new house. Anyway, I've finally been given a definite date to get the keys for 13/12. I was intending to move over the weekend after, when carpets and such had been laid and return the keys for this property on 19/12, giving me time to have the carpets cleaned and making sure it was clean (obvs paying rent until 19th). My LL has just emailed me to say that as it's gone into the 2nd half of the month she not willing to accept rent for December on a daily basis and therefore wants rent to cover the whole of December as she won't have time to come in and do anything she wants to do to the property and have someone on for xmas.
I've been here since 1st July 15 and signed a 12 month contract and then it's basically gone on a rolling contract since then.
I'm thinking that she's basically got me by the balls as she can always just decide to keep my £500 bond if I argue this with her.

My question is, surely I only have to give a months notice and she can't charge me because she will have a property empty over Christmas and NY?

BTW she's not got a tenant lined up yet as she's put it up for sale and has emailed me this morning to say the sales market is slow so will be renting.

Thanks for reading.

gunting Fri 18-Nov-16 07:37:05

Have you read your contract? We are leaving our rented home on the 1/12 but our contract states that as we pay rent on the 15th, we must only give notice on the 14th of any month. We are having to pay 2 weeks rent for here when we won't live here but it's in the contract.

YelloDraw Fri 18-Nov-16 07:37:56

Depends on what your contract says - is it a calandra months notice or can you hand your notice in and leave on any day of the month?

if the contract is on a PCM basis I wouldn't be inclined to release you on 19 December, after I'd been accommodating with extensions. That's about the worst day for the LL you can move out.

wooooofudge Fri 18-Nov-16 07:51:00

I think this is a bit of a grey area - i.e. whether just a month's notice at any time or fitting with a rental period - and you could argue you have given a month's notice, but so far your LL has been very flexible with you, but has wisely not found another tenant and hasn't held you to any of the other dates you have told her so far.

It is highly unlikely any tenant will be looking to move that close to Christmas and if she finds a buyer, the chances of completing on a sale by then are slim, though it's not impossible.

Have you exchanged yet? If not, you may well find that you don't complete on 13 December even though that is what everyone is working to.

My view is that she's been good to you by being flexible and I think you should pay the whole month's rent. When you move from renting and buy somewhere you really should budget for up to a month's overlap - it's rare to be able to get a seamless move.

specialsubject Fri 18-Nov-16 09:17:43

On a rolling you give a months notice - you can of course leave when you like but you pay for the full month.

Landlord does not have to accept on a daily basis, and of course did not have to accept retracted notice although that was win win.

It isn't your balls, it is the contract. You and mn would be quick to howl if she broke her side.

Tatmas not relevant.

Kidnapped Fri 18-Nov-16 09:35:26

A month's notice means that you give a full month's notice, starting on a rent day.

You cannot decide to give notice on 19th November and leave on 19th December, only paying for 19 days in December. You must pay for the whole of December since the next rent day is 1st December.

Therefore, to give your month's notice, you hand your notice in on 30th November at the latest (or you can do it earlier of course) and you have to be out by 31st December.

Your landlord is right. You can hand the keys back earlier of course, which means that you will get your bond back more quickly.

The tenancy agreement should explain all this.

Needmoresleep Fri 18-Nov-16 09:41:47

Tatmas is relevant in that normally the LL would be able to line up tradespeople to start work as soon as you vacated so there could be scope for flexibility on the date, as long as she had a month's notice. But you cannot line any workmen up to start on 19 December.

The LL does not have to give you flexibility beyond the terms of the contract. She has in the past, perhaps because it suited her, but does not need to this time round.

Looking on the bright side though, if something slips and your new home is not ready, you wont be homeless just before Christmas.

RayofFuckingSunshine Fri 18-Nov-16 09:45:04

Most contracts state that one months notice runs from the day you pay rent to the day before it is next due. I think she is not only in the right legally, but in terms of fairness the best thing to do is also just pay that difference.

Needmoresleep Fri 18-Nov-16 09:48:24

The way round it might be to agree to her terms, but also say that you will ensure the flat looks great for viewings, and that if a tenant turns up who wants it anything from 13 December, you would be willing to move.

Not quite as convenient for you, but you would save money, and she won't find anyone to move in on 1 January.

Bigbongos123 Fri 18-Nov-16 09:55:00

I think she's been nice allowing you to retract your notice twice, and yes I think you should pay to end of the month.

We did the same in the same circs.

Kidnapped Fri 18-Nov-16 10:00:20

And yes, if she can find a tenant earlier then of course she might offer that you can just pay a reduced rate if you are definitely out on the 19th.

Keep communicating with her and see if you can't come to a solution that benefits both of you.

Good luck with your new house. wine

specialsubject Fri 18-Nov-16 12:58:50

The fact that the country stops for two weeks to exchange useless crap ans get pissed is still not relevant. Tenant pays to end of notice and then goes - maybe. Landlady has a void if tenant leaves . that s the business.

johnd2 Fri 18-Nov-16 13:10:55

As per the many PP, the notice period starts from the first day of the next rental period

Stella08 Fri 18-Nov-16 19:09:53

Thanks for the replies. Looked at my TA and yes, I'll have to pay it. I've never rented before and it's been a lesson learnt. I just thought I would give a months notice and that was that.

Kidnapped Sat 19-Nov-16 09:45:38

Fair enough, OP.

If your date for moving does change then of course you've got a bit of leeway to stay in your old gaff until the end of the month. Which might be handy.

Also, I know you are moving to a new build but if you are doing any redecoration or putting new flooring down first then you can get that done before you decide to move all your stuff in. It will make things much easier.

Stella08 Sun 20-Nov-16 06:30:23

I will get the keys on a Tuesday and won't be able to completely move out until the following Sunday so I wasn't planning on handing my keys in until the Monday or Tuesday anyway, giving me time to get carpets and have a cooker delivered in the new house and then get the carpets cleaned and give the house a good clean here too.
The new house is a housing association house so I'm not buying it. I'm on a tight budget with Christmas, and it's DS 13th birthday in between! Just really bad timing that's all but it'll get done somehow.
Thanks for all of your replies smile

Kidnapped Sun 20-Nov-16 10:14:57

Oh, sounds lovely.

You'll be in all snug and cosy for Christmas.

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