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    Tenancy advice

    Hi all. I hope someone can help me here.

    My daughter is in rented accomodation and her rent is due each month on 13th. She has seen a new property that she wants to move into and they have accepted her. She has to give one months notice to quit her current place. However, they've told her that she has to paid a full months rent on 13th november - even though she'll be moving out on 16th!

    I don't think that they can do this

    She can't afford to take on both places at once and the new landlord want them in asap.

    Can anyone give us any advice please?

    Rep added for those that can help

    Thanks

    17 Comments

    your right they cant do this, she will only have to pay the remaining 3 days she is there ive had this twice...id do a bit of threatening as soon as you mention someone involved they say..ooo actually you dont...swindling swines!

    Has she read her tenancy agreement?

    When did she give her "Notice to quit". On 1st glance, I would say she is incorrect in thinking she can move in the manner she would like.

    The landlord does not have to Pro rata.

    Original Poster

    thesaint;3223651

    Has she read her tenancy agreement?When did she give her "Notice to … Has she read her tenancy agreement?When did she give her "Notice to quit". On 1st glance, I would say she is incorrect in thinking she can move in the manner she would like.



    She gave notice yesterday so 16th October

    Kizzy76;3223654

    She gave notice yesterday so 16th October



    Unless her tenancy agreement says otherwise(Or the landlord agrees), then she has to pay the full months rent.

    If she is as cooperative as possible, and allows uninterrupted viewing so that the landlord can re-let ASAP, she may get some leeway.

    Original Poster

    Does the landlords act 95 have anything in it that would help her?

    Kizzy76;3223684

    Does the landlords act 95 have anything in it that would help her?



    I don't know it, and TBH it would be a long and drawn out process. She really needs to check her tenancy agreement. If it is a non standard one, she may have a better chance.

    Banned

    I rent a few properties myself and I'm afraid she does have to pay the full month....Notice needs to be given at the end of the rental month....This however is rarely enforced, most landlords will allow the 4 weeks notice to be paid pro-rata for the outstanding weeks.....The law however is not on her side

    The Protection from Eviction Act 1977 s5 (1) states that you only have to give four weeks notice. It must be in writing and, clarified by Laine v. Cadwallader (2001) 33 HLR 36, it must end at the end of a period in the tenancy (i.e. the day before the rent day).

    Banned

    thesaint;3223670

    Unless her tenancy agreement says otherwise(Or the landlord agrees), then … Unless her tenancy agreement says otherwise(Or the landlord agrees), then she has to pay the full months rent.If she is as cooperative as possible, and allows uninterrupted viewing so that the landlord can re-let ASAP, she may get some leeway.



    This is good advice, if the property is re-let during a period for which she has paid then she is entitled to her rent back for that period

    Banned

    yes they can........

    i myself a landlord

    i only offer 12 months agreements- so no matter what the tenant is liable for the entire contract

    theres a 6nonth deposit

    ROKO;3223833

    yes they can........i myself a landlordi only offer 12 months agreements- … yes they can........i myself a landlordi only offer 12 months agreements- so no matter what the tenant is liable for the entire contracttheres a 6nonth deposit



    I would guess that the OP's daughter is out of contract, and on a statutory periodic tenancy.

    I woud say that as she only gave the one months notice on the 16th then she should pay the rent until the 16th of the next month..perhaps with a bit of sweet talking the landlord may accept half/quarter rent but not sure

    Its a bit confusing but if the tenancy agreement says 1 month notice than thats all thats needed, if 2 months then you have to pay 2 months unless the landlord gets someone to move in or lets it go.

    That being said a month is quite a good period to get a new tenant.

    Landlords eh? :oops: All for the sake of 3 days, i definately think she should try and talk to her landlord about this or, ask the new landlord if she can move in on the 13th/16th of the next month.

    ryouga;3224241

    Its a bit confusing but if the tenancy agreement says 1 month notice than … Its a bit confusing but if the tenancy agreement says 1 month notice than thats all thats needed, if 2 months then you have to pay 2 months unless the landlord gets someone to move in or lets it go.That being said a month is quite a good period to get a new tenant.



    most agreements say 'from rent due date' so one months notice from when the rent is due

    Banned

    Why does her new tenancy start on the 13th? that just confuses everything for her and if she decides to leave. 1 months notice is the minimum time it's always nice to give more notice so you can avoid situations like this.

    try going to your local tenants association or citizens advice

    Original Poster

    Many thanks to everyone for thier advice.

    She's outside her original 6 month agreement and has not signed another so should be able to give 1 months notice ok. It's the letting agent that are insisting on the full payment.

    She's now written to them asking for some leway. She's happy to let them show prospective tenants about so hopfully it will get re-let quickly

    I'll keep you all posted of any updates
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