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End of tenancy notice.
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My daughter and her partner have been renting a property near their university for over a year. They have a rolling contract. In December I decided to give my daughter her inheritance early to buy a house so she could be rent/mortgage free and get on the property ladder while its a buyers market. The purchasing of the property has taken longer than normal due to wrangling over price etc but has come to completion quicker than what we thought. My daughter now wants to give a months notice of end of tenancy but has been told she cannot until the next rent due date which is 28th March then she will have to pay another month at £500. I think this is correct as long as its clearly stated in the contract,but, nowhere in my daughters contract does it stipulate this. Any ideas?
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It's not in Bolton, is it?
Yeah that doesn't sound fair at all
Sounds amazingly similar to something I'm going through with the sale of a relative's house to a young couple...
ETA: Well, I'm guessing they're young... They're down in all the paperwork with a third family member who our solicitor has said is the girl's mum...
It's a little unclear, I initially misunderstood, but I think she has paid the rent up to the 28 March and wants to pay an extra £200 to give notice now with immediate effect, ie giving basically 4 weeks or so notice but the landlord is insisting on a calendar month's notice (which they are almost certainly entitled to do.)
Which would be giving one calendar month's notice. What does it say in the contract about giving notice?
(can't be my relative's place - the buyers for that one gave notice and agreed to move out of their rented place before actually agreeing on a completion date... d'oh!)
She will need to give notice in line with her rent due date (which is the 29th right?) so she will give her one months calendar notice which will run from the 29th March to the 28th April. She can give this notice at any time, however the notice wont 'start' until the 29th March and wont 'expire' till the 28th April.
I think keefy-boy already answered that one.
I can't agree to this interpretation at all. Hand in notice tomorrow and pay rent upto 11 March, which is one calendar months notice.
Forget what you read (there, not here!) If it's payment every calendar month then it's the same for the notice period too.
That's just plain wrong, even if that's what it says in the small print. It would mean the tenant would need to give up to two months' notice instead of the one month which it is commonly understood is what is usually needed after a periodic tenancy becomes a rolling one.
An agreement should be just that, an agreement between the two parties, not something drawn up by one side, mainly for the benefit of that side (ie. the landlord and especially the agents).
(Edit: Actually, if the leaving date can only be on the same day (or the day before) that the rent is due, then it's not even a question of how much notice is needed: you could be forced to pay rent for up to a month more than is needed. If the rent is paid via DD, then it's even more difficult.)
Do you mean 11 April? The rent's already paid to 28 March! I still don't agree that's the common understanding or definition of a calendar month.
I meant April! Thanks for spotting the oversight.
I think you may be right on the calendar month definition but wrong on the law here (standing by for lightning bolt to hit my head.)
From landlord zone and backed up elsewhere:
Notice by Tenant
Where the tenancy has become a Statutory Periodic Tenancy (where the fixed-term has ended and no new agreement signed for another fixed-term) the tenant must give the landlord notice if he wants to leave:
The notice must be in writing
It must be delivered at least 4 weeks before the notice period ends or 1 month if rent is paid monthly
It must bring the tenancy to an end at the end of a full rent period.
The notice period must end at the end of a tenancy payment period: for example, if the rent payment date is on the 20th of each month, the notice period must end on the 20th of the month or the 19th to be on the safe side.
So in this case the tenancy can't end until 27 April.