Rolling Tenancy, Notice Period

[Jes0rKah]

hi guys,

 

just wanting to get something clear in my head!

 

My partner and I are currently privately renting and we signed a 12 month contract - which has now been expired for 6 months, so we've been paying on a month by month basis.

 

We sent a letter giving the letting agents 30 days notice of our intention to vacate on the 9th Jan.. (so really we gave them slightly over 30 days) but we've just received a letter stating we have given 60 days notice and we can't vacate until the 22nd Jan.

 

Now, financially we can't stay that long - and we have planned to be out by the 9th Jan.. so can we argue the 30 day notice is all we want to give? Or do we HAVE to pay them up to 22nd?

 

If our contract stated 60 days for the 12 months we signed up for, does that hold us - even if we're paying on a month by month now? If it doesn't, what can we argue 'rights' wise?

 

thanks in advance!

Jess

[JimmySpangle]

If you rental is monthly, then you only have to serve one months notice. They must serve you two months notice, which is where I suspect their confusion is coming from.

[Steve__M]

Normally a periodic tenancy also has to end at the end of a rent period. So if you pay rent on the 23rd of the month, you'd have to pay up to 22nd Jan.

[Jes0rKah]

We've spoken to the letting agent and they are clearly stating that we must give 60 days notice and that they'll give it to us in writing (being very snotty)

 

The contract we signed had a section under 'Ending This Agreement' saying:

 

'Agreed Notice Period: The tenant agrees to give the landlord at least 60 days notice stating that they intend to vacate at the end of a certain term of the tenancy or at any other time after the certain term has expired'

 

Is that legal? Are they able to hold you contractually to the 60 day's even after the 12 month contract has expired?

 

Please do reply, as we'll be calling a meeting with them about all this - so we need all the back up to our argument as we can get!

 

Thanks in advance!

[JimmySpangle]

Well, by that clause you must give them 60 days notice.

[baileyb00]

jimmyspangle is right unfortunately with that clause in there you have to give the 60 days notice