SMF - Just Installed!

Giving notice to quit

Started by felshampo, May 01, 2014, 04:21:56 PM

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felshampo

Hi
My son has just moved out of his rented room in a house in Manchester. In the original contract he paid his rent on the 24th of the month.
Last year his job changed and he was paid monthly instead of weekly. He asked the letting agent if he could pay his rent on the first of the month after he had been paid. They agreed verbally. He paid an extra weeks rent and then his monthly rent on the first of the month. This has continued ever since with no problems.
He has now moved out. He gave four weeks notice from the first of the month. The letting agents are now saying he should have given notice on the 24th and as a result he still owes an extra months rent.
Is this correct? Do we have to pay? Does moving the date of payment amount to a change in the contract?
Any advice would be appreciated.

boboff

This rings a bell, and that this is the case. But I cant see it being a month.

If his contract was on the 24th, he gave his notice on the 1st, and left on the fist, he has at least 1 week of the extra notice paid up, so its not a month, its 3 weeks if they are being funny.

What I would say is this is the Agent trying it on, and just politely say that it is not the case, and they should try else where to make a fast buck.

Has he got his deposit back? How many months into the tenancy was he? Are they claiming any further deductions, does he need a reference?

What is the Capital of Peru?

felshampo

No deposit problems.
The three weeks is a good spot.
I am his guarantor so she is threatenibg to take me to court.

boboff

To be honest, I am not experienced in room renting.

Hopefully some kind person will be able to give better advice.

In the mean time I would suggest you write to them recorded delivery stating the facts as you see them.

laura khan

He should have given a months notice from the payment date as per the tenancy agreement - the 24th to expire the 23rd of the following month.

If he paid an additional weeks rent to adjust the rent payment date and it was done informally, then, he should have only paid 3 weeks rent as his final payment allowing that they keep the 1 week originally paid to amend the date, otherwise, you'd have been paying a week's rent too much essentially (up to the 1st when he would have vacated 23rd).

The additional week he paid was to adjust the date of payment, not to adjust the entire tenancy so the notice should still have been given as per the 24th.  Did they accept the notice at the time?  If so, it's their error in allowing it to be accepted. 

The issue is that he should have either given notice before the 1st (on the 24th) or after the 1st on the following 24th. He has basically given notice on the 1st that would have only legally taken effect on the following 24th to expire a month later.

I just read this back and it look complicated, read it again, it makes sense the 2nd time around! 


boboff

Wow Laura you are clever, you can stay......

Does your dad own a Brewery?

laura khan

thanks! not clever, just full of it really.

no but i wish he did! what makes you say that? i already have a feeling there is a witty reply on it's way

boboff

Hmm, witty? I don't think that covers it.

It's just some advice I was given once about the perfect wife, 3 ft tall, flat head, dad owns a brewery.

It's a poor joke, and decorum does not permit to say any more than that!

People with opinions on Forums are good news by the way!

laura khan

ooh that's a bit risky for 4 pm on a friday!

fortunately for me, i'm taller, have a round head and my dad is in commercial insulation! however, i would still be the perfect wife though so the advice you got was wrong

boboff

Not the thing about yellow snow.... that was sound.