Giving notice on rented room

Arsonist

Arsonist

Arsonist

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Hi all,

I've just given notice on the room I rent as I'm moving out. Rental contract was 6 months which ended July, so I've been on a monthly rolling contract since then. Rent is payable on the 23rd of each month.

Notice given today which I believe is 4 weeks from today as I'm out of the contract period. So I move out on the 9th and only pay the proportion of rent and utilities between 23rd Jan-9th Feb

However, landlord has just said it's a months notice from the date rent is due, and has said the 24th Feb.

How would you interpret this?

Contract states;

Clause 6.1
This license shall end on the earliest of:
1. 23rd July (6 months)
2. The expiry of not less than 2 weeks' notice given by the Licensor to the Licensee if the Licensee breaches any of the Licensee's obligations contained in Clause 3; and
3. The expiry of not less than four weeks' notice given by either party to the other.

If this license terminates in accordance with Clause 6.1:
1. The Licensee shall not be obliged to pay the Licensor the relevant proportion of the Licensee Fee, council tax and Utilities Costs that relates to the period after this license terminates, as calculated on a daily basis;
and
2. On the date on which this license terminates, the Licensor shall refund to the Licensee the relevant proportion of any sums already paid by the Licensee relating to the License Fee, council tax and Utilities Costs in respect of the period after this license terminates, as calculated on a daily basis.


Thanks very much for reading what is a quite boring post!
 
Point 3 is your answer. Politely reaffirm that you'll be leaving on the 9th and paying your way up until that date and no longer.
 
Ah I just found some info on Shelter England. Looks like landlord is correct, as the 4 weeks must coincide with the start/end of a full months period. So my 4 weeks won't come into effect until 23rd Jan :( Oh well!

'The date a notice period should end on
The notice you give must end on the first or last day of the period of a tenancy, except when your tenancy agreement says something different.

The first day of a period of your tenancy is the anniversary date each week or month of when your tenancy began.'
Click to expand...

Cheers anyway guys!
 
Arsonist said:
Ah I just found some info on Shelter England. Looks like landlord is correct, as the 4 weeks must coincide with the start/end of a full months period. So my 4 weeks won't come into effect until 23rd Jan :( Oh well!



Cheers anyway guys!
Click to expand...

Correct me if I'm wrong but that is only applicable during the fixed-term contract. As you're now on a rolling monthly tenancy the notice you need to give is 4 weeks' (if on a week-to-week basis) or 1 months' (if on a monthly basis, like you are). Your tenancy agreement does not state that it needs to be on the first or last day.

Also for further clarification, the date your rent is due is irrelevant. The notice period works with the anniversary of moving in. For example, if you moved in on the 14th of the month, but pay rent on the 1st, the notice period is applicable to the 14th and not the 1st.
 
Arsonist said:
Ah I just found some info on Shelter England. Looks like landlord is correct, as the 4 weeks must coincide with the start/end of a full months period. So my 4 weeks won't come into effect until 23rd Jan :( Oh well!



Cheers anyway guys!
Click to expand...

"except when your tenancy agreement says something different."

Your agreement clearly states 4 weeks notice.
 
Jambo said:
"except when your tenancy agreement says something different."

Your agreement clearly states 4 weeks notice.
Click to expand...

Yup, I'd say the same, your agreement clearly does state differently.

I went through this with giving my notice, I was trying to work out exactly how long I had to give as the contract wasn't too clear and looking up online you get the rather weird information seemingly all over the place that in the UK the notice must finish on the last or first day of the paying period.

I thought i might be on the hook for paying up for over a months notice but when I spoke to the landlord he was fine with a months notice and didn't have to come down on the day rent was due which saved me about a week and a bit of rent.



You could argue that the contract only states not less than 4 weeks of notice. As in it could be argued that 6 weeks for instance is not less than 4 weeks, but personally I'd take that to mean 4 weeks notice and if you went to the relevant complaints bored they'd probably back you on that and tell the landlord to accept the 4 weeks notice.
 
landlord is being a dick tbh...

What difference does it make to him? if you'd given him notice on the date you pay your rent he'd only have 4 weeks then to find a tenant.
 
Cheers for the replies. Landlord has previously been very difficult on quite a few things. I said I can move out as early as the end of Jan, so they've said if they can get someone in sooner then I'll only pay rent to the time someone else moves in. Think not kicking up a fuss now might help in the long run, even if I'm in the right with the 4 weeks.

Thanks again all!
 
Is the landlord also resident in the property?

Actually ignore that, it doesnt matter.

It is 4 weeks from the day you give notice. It states in the tenancy notice is 4 weeks and does NOT specify this must coincide with a rent due date, therefore it is 4 weeks from the day of notice.
 
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