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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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In my assured shorthold tenancy agreement (which ended on 1st

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In my assured shorthold tenancy agreement (which ended on 1st July 2015, so from there on its "periodic" from month to month), its stated "A term of 12 month from and including the 1st day of July 2014 and ending at midnight of the 1st day of July 2015". Since then it was implied to me that if I want to move out, I can only do so with one month notice to 1st of whichever month. In other words - if I give notice lets say on the 15th October, I still have to pay rent to 1st December, even if I vacate the property on 15th November. I cant see how this can be legal, but I need someone to point me to a law/ regulation that says - its not legal. So that I can say "here's xxxxxx, which says you cant do this". Anyone can help? Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What does the contract say about termination please?
Customer: replied 1 year ago.

"This tenancy may be brought to an end on or after the fixed term stated in clause 2.1 above by Notice in writing given by the Landlord or the Tennant to the other party under the provisions of Section 21 of the Housing Act 1988 the length of such notice from the Tenant to the Landlord being no less than one month to the end of a term date". Clause 2.1 is 12 month term, which has now past. First landlords agent was insisting on us signing another 12 month agreement, when we refused, we were told we are now in "periodic agreement" rolling from 1st to 31st of each month. I fear the catch is in this term "periodic". I want to give notice on the 15th October to vacate on the 15th November, but its been implied that I will be still paying rent from 15th November to 1st December, even though I'm not living there.

Expert:  Ash replied 1 year ago.
Sadly they are correct. Your tenancy is monthly, that means it rolls in month by month so each month a new tenancy is granted. If you are periodic then you need to have given notice by 1st which is a new term for one month. Given you want to give notice on 15 October this is mid way through a term which you can't do.
They are correct and sadly you are liable to the beginning of December. I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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