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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 32224
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Property agency (Brink Riley Leics) of my previous house (61

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Hello
JA: Hello. How can I help?
Customer: Property agency (Brink Riley Leics) of my previous house (61 Horizon, 2 Navigation Str, LE1 3UN) is asking an extra month's rent after the tenancy agreement has expired, after I have given notice, and moved out of the property, and handed back keys. All past rent and bills are taken care of in time as well.
JA: Where are you? It matters because laws vary by location.
Customer: Leicester
JA: What steps have you taken so far?
Customer: The tenancy agreement was first signed in November 2019 and renewed till last November 2021. They sent me an email with a 6-months renewal in March 2022 dated from 13 November 2021 12 May 2022, which I signed. In April they asked for 15% raise of rent which I declined. I looked for other accommodation and, as I managed to secure one only days before the last month of the agreement elapsed and I couldn't possibly arrange the removal in time, on 9/5/22 I asked and got an extension of one month. On 6/6/22 I emailed that I would be moving out and on 7/6/22 I got an email that I was required to pay one month more, till 12/7/22.
The timeline and communications can be provided if required.
I emailed my objection on 7/6/22 and after arranging to go to the agency's office, I handed back the keys last Monday 13/6/22.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I can't think of anything else right now. This is the situation. I would like to know my options and act upon more a informed opinion

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I'm sorry to read of the above. May I confirm the date each month rent was payable under the terms of the agreement please?

Customer: replied 15 days ago.
13th

thank you. On what basis does the landlord or agent claim that you must give more than one months notice to end the periodic tenancy please? For example, is there an express provision in the tenancy agreement making the tenancy a contractual periodic tenancy rather than a statutory periodic tenancy?

Customer: replied 15 days ago.
They say it turned to periodic after I asked for one month's extension on the 9th of May.
Customer: replied 15 days ago.
I emailed again on 18/5 to arrange for the keys. Then they said I need to pay 1 month more

they would indeed be correct in regards ***** ***** observation about the tenancy becoming a periodic tenancy but unless there is a specific provision in the tenancy agreement creating a so-called contractual periodic tenancy with a specific requirement that more than one months notice as provided in respect of that contractual periodic tenancy, then what happens by the fault is that a statutory periodic tenancy arises which includes a provision as regards ***** ***** notice not to. Do you have any information that a contractual periodic tenancy was created instead under the terms of the tenancy?

Customer: replied 15 days ago.
None I can think of or recall. I may have to look into the text again to make sure.

if you have a copy of the tenancy agreement available to upload, I can confirm the position

Customer: replied 15 days ago.
Okay
Customer: replied 15 days ago.
File attached (P76LL11)

thank you. Hopefully, in this case, no room for doubt is left by virtue of the clause contained on pdf page 18 headed " special tenancy conditions". This clause helpfully in the circumstances expressly sets out the same terms that would otherwise be implied by statute in any event stating that you need to give the landlord one months notice as tenant.

Under common law, any notice you provide can only end on a complete rent period, namely being the date rent is payable each month and as such, you will notice given for seventh June would not be valid as it does not coincide with a complete rent period. As such, it seems to me that you would be liable for rent up to and including 12 June 2022 being the next date following on notice which satisfies the requirement for you to give one clear months notice and which is a complete rent period but I cannot see any basis for the agents claim that you owe rent for a further month until 12th July.

Customer: replied 15 days ago.
I upload a print of the email thread concerning this. May be informative to you

the agent appears to be basing their contention on the ground that you must serve notice exactly one month before you give notice to leave. This of course is incorrect. the common law requires you to provide at least one months notice- - there is no requirement that you give exactly one months notice.

There are some common law decisions which assist working out the appropriate period of notice required and provide authority for what we have discussed above. Under common law, a notice must be equivalent to one the rent period - so in this case, one month as a consequence of the decisions in Doe d Peacock v Raffan [1806] 170 ER 812; Parker d Walker v Constable [1769] 95 E.R. 913

When you calculate the notice period, the day on which you serve the notice is included in the calculation but the last day is not (Schnabel v Allard [1967] 1 QB 627).

The decision in Crate v Miller [1947] All ER 45, CA decided that a notice to quit can either expire on the last day of a rent period or the first day of a rent period.

Customer: replied 15 days ago.
Thank you. You have been most helpful. What would you suggest I should do at this stage?

it seems to me that you simply need to take the position that your notice is valid and suggest that the agents seek legal advice on the point but that you will not be paying rent for a period beyond 12 June given that your notice has been properly served in the common law and as it happens under the terms of the tenancy agreement as well.

From there, it is up to the agents to make a claim against you if they consider that you do a rent despite what you say

Customer: replied 15 days ago.
Right.
If it comes to legal proceedings, would your service provide me with assistance or arrange for such?

unfortunately, this is a legal information service and as such, I am not permitted to provide representation though I am very grateful for the enquiry

Customer: replied 15 days ago.
Thanks again for your assistance. Will come back to you, if need be.
Have a nice day

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