UK Landlord Forum / Life

Hi all,

In need of some urgent advice.  I've lived at my current address for over 3yrs and in that time I've not asked my landlord for anything.  My circumstances are changing and I need to move to another home.  I pay my rent about a week early every month, as i get paid at the end of each month and my rent is due on the 11th.  I told my landlord that I have to move and that was two days after my rent was due to be paid.  therefore i have given my landlord at least 28 days notice before the next rent is due.  my landlord then told me that I now owe him an extra months rent. He stated that because my tenancy agreement was once fixed but we failed to sign a new contract in June 215, it became a periodic tenancy.  To that end he then stated that I must give one months notice.  therefore I'm liable to pay an extra months rent.  obviously I challenged this and he claimed he is protected to do this by the revised housing act.  I'm stumped as to what to do.  I looked at my original tenancy agreement that states, ' should the tenancy become a statutory periodic tenancy after the original term has expired the tenants agree to give the landlord one months notice to expire on the anniversary date of the agreement'. 

please advise for I cant afford to pay two rents at once and I may find myself loosing my new home or allowing him to keep my much needed deposit.

Thanks in advance

Mr O

If rent is due on the 11th of every month, your statutory periodic tenancy runs each month from 11th to 10th. In a statutory periodic tenancy the Tenant must give at least 1 month notice. So your notice should reach the Landlord ideally before the 10th of one month for it to activate on the 10th of the next month. If notice is received by the Landlord on, say, the 12th of one month it can't be valid for the 10th of the next month, but would be for the month after, as it would be less than 1 month notice.

Does that help? Change the dates I've used to whatever suits you best.

Thanks Hippogriff for the quick response.  It is not what I wanted to hear, as I was hoping to challenge the schedule in the tenancy agreement about the definition of 'one months notice';  as it can be refered to as 28 days which would suit the notice period I gave.  However, it appears I have to pay an aditional one months rent for giving notice 2 days after rent was paid. It is unfair tennants are at the whim of such averice landlords. 

It is not the Landlord's fault. No AST can override the Housing Acts and this is where this comes from. ASTs sometimes try, for example some ASTs will say a Tenant has to give at least 2 months notice (like a Landlord does for a Tenant) but they can't override statutory timeframes. A month in your case is the frequency at which rent is paid... 28 days is just 4 weeks. I've not heard someone try to claim 28 days is 1 month before.

All that said, if you move to your new place, you obviously still have a tenancy at the current place... your Landlord can't let it out and get double-bubble. If your Landlord was successful in letting it quickly, maybe a reimbursement would be on the cards. Partially depends on your relationship and how proactive your Landlord will be... obviously time is not of the essence from their point of view.