Giving notice on Tenancy

[OADCB]

Would appreciate what you consider this wording of Assured Shorthold tenancy to mean in respect of notice.

Tenant may end the tenancy by giving the landlor one months notice expiring at any time after six months from the beginning of the tenancy.

I read that it that the notice can expire at any day of the month and I would just be liable for any additional rent if it goes pass rent date.

Neighbour with same agent/ LL was told notice must expire on rent date otherwise full rent due to next rent period.

She may have different wording on her tenancy but would appreciate your view on this.

Dont want to ring agent as v small community and would prefer not to notify of intention to move until our house is ready.
Thanks

Bumping

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Are you in scotland or England? The laws are slightly different re a Short Assured Tenancy.

If you google it I'm sure you'll get your answer.

Gentleotter. Im in England.

Resolution its not as simple as a google search. Im asking for a legal interpretation of the wording of my agreement.

This link may be of some use but you may be best asking the CAB or a solicitor to go over the wording.

On the face of it it says you can rent for 6 months and after the 6 months it's a rolling contract until you give one months notice. So if you stay for 6 months and a week then give your notice you will need to pay for the last mont +a week.

I can't get the words in the right place to make sense

Thanks guys.

I know about ASTs etc it just the wording if that clause and what happened to my neighbour Im worried about.

I just want to check my unstanding on that clause is that my notice doesn't have to end on a rent day.

Previously I did have a tenancy that stated notice must be given in line with date rent due.

Usually it is tied to rent days. To be safe, assume it is.

Bumping again.

Just spoken to the agent who is a complete knob at the best of times.

He maintains it must expire on a rent date which is contary to wording above.

Any advice please?

As I understand it, and as my letting agent tells me, my tenants had a 6 month AST. That then rolls over from month to month. Should I wish them to leave, I have to give them 2 months notice from a rent day with tenancy to end two months later, and if they wish to leave, they must give me one month's notice from a rent day. Should they give notice after a rent day, then they must pay me rent up to the date they leave, i.e one month, so if they gave notice after the rent day, say 6th, they would pay me from rent day (1st) to the first of the next month, plus 5 days.

Your notice period can end on any date on or after the 6 months unless the wording of your tenancy agreement specifically says the notice period has to end on a rent date.

Thank you. Letting agent is insisting it ends on the day before rent date. Says the AST has become a periodic tenancy now.

Well it means things have been pushed along and I'm giving notice which ends on a Sunday and next day is a bank hol.

It's going to be a pain to move/ paint/ get carpets cleaned in 5 days when 3 of which are bank hol/weekends!

Btw no it's not in tenancy about it being tied to rent days. He was a knob when I pointed this out- saying its statue law.

Shame really as my landlord is so nice but the agent is a knob of the highest order.

i think they are correct

the term 'one months notice' does actually mean 'one rental months notice' - that is statute law

an ast does automatically become a periodic tenancy when it ends

"Tenant may end the tenancy by giving the landlord one months notice expiring at any time after six months from the beginning of the tenancy"

Dont you think the above is misleading though?
I just hate the way he acts. He has lost business. I wont recommend them to landlords due to his attuide. We live in a small town and his reputation for being an arrogrant knob is well known.

Sorry I'm a tenant and every time I've ended a tenancy its had to be tied to rent day.

If your LL is nice then as long as you're giving at least one month's notice he might agree to pro-rata the rent.

AST agreements can have misleading wording, I agree. And I know all about knobbish letting agents, having sued one myself

But. There are certain things written in statute (tenants right to quiet enjoyment, or 'one month' meaning 'one rental month' for example) that cannot be over-ridden by any wording in an AST. So I think they are correct, sorry.

Thanks guys. My landlord is lovely. Im hoping he will agree to allow me to arrange a carpet cleaner for after we have moved out. Otherwise I just dont have time. We have been pushed into it ending on 24th when ideally we would have preferred a week later.

I want to paint three rooms - only another coar of magnolia as we have been here 4 years and its looking grubby.

Im pregnant and cant lift (been bleeding so not taking no risks) so just dont need the extra stress of the knob agent.

My understanding (as a property surveyor) is that Section 5 (3) (e) of the Housing Act 1988 says in respect of a periodic tenancy that "the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy".

It is (common) law that a tenancy must end the day before rent day, so even though your AST mentions "at any time", this becomes irrelevant in a periodic tenancy. I'm afraid your letting agent is right