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Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I had two years term rental contract that expired 9 months

Customer Question

I had two years term rental contract that expired 9 months ago. We have not signed any renewal contract. The original contract had 1 month notice. We pay rental every 6th of the month. We gave our notice on the 21th of november and we want to leave on the 24th of December. The letting company came back and said that we owe the landlord the rental till the 6th of january claiming that the notice has to be givin on the rental pay date. I am tempted to disagree with that. I feel it is not a one month notice but a 7 weeks notice? (1) do you I have to pay for the extra week post notice? is my notice illegal ? (2) as I am leaving on the 24, can I get my deposit 10 days after the 24th December?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Your notice is not illegal but it does fall on the wrong date I'm afraid.

You will be on a periodic tenancy agreement. You have to give no less than one month's notice on or before the rental date. The problem here is not that you gave insufficient notice but that you didn't do it before the rental date.

So, in short, if you gave notice on the 21st of November it will not begin to take effect until the 6th December because thats the next rent date.

For that reason, I'm afraid you are liable until the 6th January unfortunately.

If the landlords are able to replace you though before then, you will be able to claim a refund proportionate to the remaining time left.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Customer: replied 3 years ago.


Thank you for your prompt answer.


Can you please send me the laws ( text and references) that are backing your answers.


Thanks and regards

Expert:  Joshua replied 3 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

May I assist you with this? I believe youa re seeking authority for my colleagues above advice?

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