Vacating a premises

[Miki123]

Heys guys and girls,

 

I have a question which I would like advise on in basic terms.

 

Ok well my wife is disabled and the property we currently live in is unsuitable for her needs and privately rented.

 

We have contacted the council and they are offering us a property which we are hopefully going to see next week.

 

If we accept this property the council have told us that they would be requiring us to move in within 2 weeks of accepting the property. Here's the thing:

Our privately rented property states that we must give 2 months notice.

 

Our contract expired 10th October 2011 so we are now on a rolling tenancy agreement (whatever it's called) and I have seen things on other threads that state that the notice period should be 1 months notice as our rent is due 11th PCM, is this correct?

 

Also say we accepted the property on the 18th can I give them 1 months notice from the 18 or do I have to wait and date it from the 11th to the 10th?

 

Lastly if noticed was given from 18th (just a date for arguements sakes) how would the rent be calculated. Does it mean that I'll pay my rent on the 11th of next month as usual plus amount owed from 11th-17th or would I have to pay 11th July as well?

 

Sorry if I'm rambling a bit but I'm off from work sick at the min and finances are tight and don't really want to refuse this property just because I can't afford to pay the notice to move out as quick as the council request.

 

Cheers in advance.

[mariner51]

If rent due date = start of AST/SPT date, then LL should receive your notice in writing by 10th of June and will expire (terminate your T) on 10th July. Rent on advance pcm is due in full on rent due date, it is at LLs discretion whether to refund any 'unused' part. You now have a SPT (rolling) T and orig AST Notice periods no longer apply but SPT notice periods are set out by Statute (1 clear tenancy period)

Any notice served by you today will still have the same expiry date.

[Aequitas]

If you are on a periodic assured tenancy whether shorthold or not, any provision in the tenancy agreement as to notice is of no effect whilst the tenancy is an assured tenancy - see section 5(3)(e) of the Housing Act 1988.

 

If at the end of the fixed term tenancy you were paying rent monthly then you have a monthly periodic tenancy and need to give a month's notice expiring at the end of a tenancy period (possibly but not necessarily the same as a rent period). If your fixed term ended on 10th October your tenancy periods run from the 11th to the 10th of each month and your notice must expire on the 10th or 11th of a month - better to make it the 10th to avoid argument.