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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My tenants have informed me they will not be renewing their

Resolved Question:

Hello
My tenants have informed me they will not be renewing their tenancy when it ends Sept 16th 2016. As they are moving into a new build they do not have a moving date...but as I want to avoid a shortfall between tenants I really need a moving date. Can I ask for a set date? Also they paid £1040 in at the beginning of their tenancybfor the one month in advance rent....the rent is now £1400 do they have to pay the difference or do I give them the last month at the £1040 figure?
Thank you.
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.

Hello my name is ***** ***** I will help you.

Does the current tenancy say they must give you a months notice please?
Alex

Customer: replied 9 months ago.
this is what I have from the contractService of Notices etc. by the Landlord or Agent
5.4 In accordance with section 196 of the Law of Property Act 1925 as amended by the Recorded Delivery Service Act 1962; if the landlord or his agent delivers a Notice or document (and retains reasonable evidence of that delivery) required to be served under this agreement or any Act of Parliament, to the premises (or the last known address of the tenant if different) by hand or sends it by recorded or registered delivery or by first class post, addressed to the tenant then the tenant will be treated as though they have received it.
Surrender of the tenancy by the tenant
5.5 Strictly with the landlord’s or his agents prior written consent and subject to certain conditions that may include the landlord’s reasonable costs associated with the re-letting of the premises, the tenant might be allowed to surrender or give up this tenancy before it could otherwise lawfully be ended.
a) On or after the coming to an end of a fixed term assured shorthold tenancy, a court must make an order for possession if the landlord has given written notice in this form.
b) Where there are joint landlords, at least one must give this notice.
c) The length of this notice must be (i) at least two months and (ii) must expire on or after the last day of the fixed term tenancy.
Expert:  Ash replied 9 months ago.

What type of tenancy do they have? I assume an AST

Customer: replied 9 months ago.
AST
Expert:  Ash replied 9 months ago.

Ok - then it just runs to a periodic tenancy. They then have a monthly rolling contact.

If you want them to move then the law says you need to give them 2 months notice.

If they want to move they have to give you a months notice.

But it just runs as normal until one of you gives notice.

They still must rent at £1040 unless you give notice to quit and then increase the rent after this 2 month period

Can I clarify anything for you about this today please?
Alex

Customer: replied 9 months ago.
Thank you regarding the notice period...that makes sense. I'm still unsure on the one month in advance monies they gave us. It was £1040( 2006) but since then the rent has been put up and they have been paying £1400 . Do we ask them for the extra £360?
Expert:  Ash replied 9 months ago.

If they have agreed it then yes.

Does that clarify? Alex

Customer: replied 9 months ago.
when you say agreed...you mean paying the new Rent increase? If so...yes. They have been paying £1400 for the last 2 months.
Expert:  Ash replied 9 months ago.

Yes thats fine then. Thats ok.

Does that clarify?

Customer: replied 9 months ago.
thank you.....to conclude......they must give one months notice and pay the £360 shortfall on the monthly rental they had paid in advance?Thank you
Expert:  Ash replied 9 months ago.

Correct.

Does that clarify?

Customer: replied 9 months ago.
thank you.
Expert:  Ash replied 9 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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