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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10458
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi, I have a tenancy legal advice question, I have a tenancy

Customer Question

Hi, I have a tenancy legal advice question, I have a tenancy agreement from 2/4/2013 till 1/10/2013 then I renewed it for one year contract at which after 6 months I can give a 1 months notice to leave.
The question is I gave my notice at 4/7/2014 for leaving at 4/8/2014 which is a month notice, I got surprised to receive an email from the letting agency telling me that As my tenancy calendar month is the 1st of each month then I didn't satisfy their 1 month notice and they want me to pay till 1/9/2014.
Is that legal even if in my contract it says 1 month notice which I already gave>
Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hello and thanks for using Just Answer.

My name is Al and am happy to assist you with your enquiry.

Most break clauses in Assured Shorthold Tennacies stipulate that Notice needs to be served no later than the rent payment date. You therefore need to check the exact wording in your Agreement, but I am afraid it would be normal for it to say it needs to have been received by 1st. If so, the Landlord/Agent is quite entitled to ask you to be responsible for the rent until 1/9.

I am sorry this is not the answer you were looking for. Under law, break clauses need to be complied with exactly as it says in the Agreement, so being only 1 day out in giving Notice renders the Notice invalid.

Kind Regards

AL

Expert:  Aston Lawyer replied 3 years ago.

Hi,

Can I be of any more assistance to you?

Kind Regards

AL