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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7569
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I have just served notice to end my Short term tenancy which

Resolved Question:

I have just served notice to end my Short term tenancy which has been out of the fixed term for nearly 2 years.
I have been told that my months notice can only start from the date that I pay the rent each month which has effectively given me 6 weeks notice.
My agreement does not specify a notice period, but the letting agent tells me this is the standard terms of a shorthold tenancy.
I cant find reference to this anywhere and feel that if it is not declared in the agreement that I shouldnt be held to it.
Can I give a months notice at anytime?
Thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
The agent is correct unfortunately. Once the tenancy becomes periodic different rules supercede any terms of the tenancy agreement. The tenancy agreement does not need to state these in order for them to be effective.
You will see that the notice requirements are confirm on the following websites:
http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_periodic_agreement
You will have to reserve the notice in the correct way, otherwise the landlord will be able to sue you to recover further rent up to the time at which a valid notice would have run to.
I am sorry.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 1 year ago.

Thanks Tom

I see that page says usually

"Usually the notice you give must end on the first or last day of the period of a tenancy, except when your tenancy agreement says something different. The first day of your tenancy is usually the day your rent is due."

But you're confirming that this is law that applies to all agreements once they become periodic?

Expert:  Thomas replied 1 year ago.
Correct. It's law and you would be sued if you did not give the correct notice.
Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7569
Experience: UK solicitor holding an England and Wales practising Certificate.
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