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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I have just been to the estate agents that rent out my property

Resolved Question:

I have just been to the estate agents that rent out my property to hand in one months notice but they say that i can only hand in my vacating letter. I though it was one moth not on a particular date of each moth, am I right or are they?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you on an AST or a periodic agreement?
Customer: replied 2 years ago.

Was which has run out, now on ongoing from that contract which I understood was one calendar month notice.

Expert:  Jo C. replied 2 years ago.
You mean you were on an AST that has turned into a periodic?
Customer: replied 2 years ago.

Don`t know what ``periodic`` means`` but probably yes.

Expert:  Jo C. replied 2 years ago.
OK.
1 Was your original contract entitled assured shorthold tenancy agreement?
2 If so, has that expired?
3 If so, have you signed a new contract?
Customer: replied 2 years ago.

1 Was your original contract entitled assured shorthold tenancy agreement? YES

2 If so, has that expired? YES

3 If so, have you signed a new contract? NO

I understand that this is the default situation after the assured short-hold tenancy agreement run out.

Expert:  Jo C. replied 2 years ago.
Ok. You are on a periodic.
Did you serve written notice?
Customer: replied 2 years ago.

Yes, form from shelter, 2 days ago.

Expert:  Jo C. replied 2 years ago.
Good.
What date did you hand that to them upon?
What date do you seek to end?
What is the rent date?
What date did the AST end upon?
Customer: replied 2 years ago.

What date do you seek to end? 7th Oct 2014

What is the rent date? 23rd of each month

What date did the AST end upon About three month ago

Expert:  Jo C. replied 2 years ago.
Ok. I see what has happened here.
This has flipped over into a periodic tenancy agreement. You are right to the extent that you have a right to give one months' notice at any time and you have done so in writing.
However, you have to give notice on or before the term date which would here almost certainly be the 23rd. It does depend on the exact date of the end of the AST but usually its the same date as the periodic because they flip over automatically.
That would mean that your notice, handed in a short time ago, would not take effect until the 23rd September to run for one month on that date which would be the 23rd October. That is the point they are making and it is correct.
They are under an obligation to try to find a replacement and if they are able to do so then you are not liable from that date. That might well assist you here. Otherwise though you are liable up until the 23rd I'm afraid.
I'm very sorry that this is not favourable to you.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69537
Experience: Over 5 years in practice
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