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Being made to pay an extra weeks rent

4 replies

RosalieCalvert · 08/12/2016 12:21

I was on an assured shorthold tenancy for a private rental that the Council paid my deposit for when I was rehoused after becoming homeless following my marriage breakdown. A year and a half later the Landlord gave this to an Estate Agents to manage as she was moving to Wales and could not carry out repairs herself.

I signed a 12 month tenancy agreement with the Estate Agents which said that I had to give a 2 month notice period. However every year they would send me a form to fill in asking if I wished to extend by 12 months. The form would state that I am not entering into an assured shorthold tenancy but it would depend on whether the landlord agreed.

The last time they sent me this form was in 2014 and I signed in for an agreement ending in June 2015 however I have been living in the property since then. I wanted to know how much notice do I legally have to give. I have emailed stating that I am giving them 2 months and they agreed.

Three weeks ago the landlord contact me and said if I agreed to stay he would do the house up including putting in a new bathroom. He said a friend of his would do it for him instead of the agents. I agreed so retracted my notice in writing however got cold feet after 4 days whether this really would happen and so emailed the agents saying that I would like to carry on with my notice. They then said I had to give a further 2 month’s notice and after going backwards and forwards the landlord has said that I can carry on with my notice from the original date but have to pay 1 extra week which I can’t afford as I need it for the deposit elsewhere. Hope someone can help as I don’t know what I will do if I can’t pay.

OP posts:
Pidlan · 08/12/2016 12:25

tbh I think it's only fair. You did rescind your notice, making it impossible for him to get another tenant. So you either have to stick to the new 2 months notice or pay for an extra week.

Starlight2345 · 08/12/2016 12:27

Can't you move a week later?

RosalieCalvert · 08/12/2016 12:48

I probably will have to move later but adding the week on gives him another 5 and a half weeks. I thought that as the 12 month tenancy ended it was a rolling contract so should only be months notice

OP posts:
Leopard12 · 08/12/2016 13:26

You have to give your landlord at least:
This is what Shelter says, it may be worth giving them a call as it does say 'usually' not always if the fixed term has expired.

^4 weeks' notice if you have a weekly tenancy
1 month's notice if you have a monthly tenancy
This applies if your tenancy has been a rolling tenancy from the start and never had a fixed term.

The same usually applies if you had a fixed term tenancy that expired and wasn't renewed with another fixed term tenancy.^

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