Apparently I have given my notice 1 day late, and now the landlord wants to charge me for 2 months' rent

Hello

i have been living in this damp-ridden flat for 2 years. The assured shorthold tenancy has rolled into periodic. I pay my rent every 19th of the month

Having found another flat, with proper windows!, i have given my notice on the 19/11. My landlady has said I should have given it on the 18th, and therefore now I am liable for rent until 19/01!! Surely not. Not only do I have to secure the other flat- contact signing is tomorrow! with deposit and first month rent, but I certainly can’t afford to pay two rents at the same time!

Besides, the notice period is 1 month, it can’t become 2! The rent period, in a periodic tenancy, is 1 month; notice can’t be more than the rent period. It’s like saying, you rent for a year, but your notice is one year and a month…!
As the flat is damp, and rain drips in, from the ceiling (there is a skylight) etc… she is clearly trying to be covered by rent through the winter, because she’s not likey to rent it when it rains.

i have proposed that the tenancy ends one day later. I can pay for one extra DAY, but not a MONTH!

How can I argue this by citing legislation. rulings, i.e. with a legally-standing argument?
I have had the courtesy to let her know that I will be physically leaving the flat in 2 weeks, so basically she’s covered for half a month when the flat is empty and free for the agent to access 24/7 from then on.

I could, of course, involve an Environmental Health Officer, and then she’d be in trouble,Plus no check has been done in two years on the boiler. I have spent substantial money on a dehumidifier, an air purifier, many fans (they are on 24/7, so they die, after a while), wall filler (as what she calls ‘a little bit of condensation’ behind the toilet is a rotten wall),the floor is uneven, so there can be no proper furniture for one’s clothes, and the chest of drawers that was in, kept falling, on one occasion, on me; the window had no curtain, which I believe, is a legal requirement, that the landlord should provide it; i have improved the outside, by fighting with the council to remove an obsolete parking pillar, which was attracting thugs and excrements, etc… but I prefer to just close the matter and go. But I need a solid, enforceable argument

thank you for your help

Thanks for sharing, we’re sorry to hear of these issues.

Without seeing your contract we can’t advise on any specifics, but we can point you in the right direction for legal advice:

All of the above organisations are legally trained in tenancy issues such as this, and will be able to check your tenancy agreement and let you know the next steps to take to ensure you are carrying out, and paying rent for, the correct notice period.

Our Help Centre article may also be useful, which directs you on how to end your tenancy if it was set up through OpenRent:

We hope the above helps to point you in the right direction, if you have any questions about the OpenRent AST in particular please feel free to let us know by reply here, or drop us an email at https://www.openrent.co.uk/faq#i-have-more-questions.

Thanks, Elinor

Hi Elinor,

thanks for your reply
Can I email you my contract?

Thanks
Mirandola

Hi Mirandola,

We don’t have an in-house legal team, so if you are looking for legal advice you’re best option is to send your tenancy agreement to organisations like Citizen’s Advice and Shelter, whose details are in the article above.

They are legally trained in tenancy and notice disputes, and will be able to provide you with legitimate advice on your next steps.

Thanks, Elinor

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