Notice from tenant

Having a disagreement with my agent regarding notice periods for a tenant leaving. All the guidance says that the tenants’ notice must end at the end of the tenancy period. (eg,the%20date%20you%20pay%20rent. )

Does anyone know where (if it does) the law actually says that?

It may help the reader to know what the agent has said.

Your link example applies to a periodic tenancy, and is useful.

However, the tenancy ends as per the agreement, otherwise by mutual agreement:

The only odd ball is that the fixed term of an agreement can end on the last day of that term without notice, although to prove it has ended, the tenant must let you know they have left by that date, and physically leave by that date!

I did not find a legal statement on this issue in a quick search.

Depends whether the Tenants are still in the fixed term or if it is a statutory periodic. If within a fixed term it will also depend on the wording of the break clause. With my tenancies there is no requirement for the tenants notice to end at the end of a rent period if within a fixed term, the last months rent is just pro-rated for the number of days they are there.

So, the long story is… The tenant gave notice on 6 June.

The agent called me on 10 June to say tell me that the tenant had given notice (didn’t tell me that it was 4 days ago) and in that conversation, agreed with me that that the end date for the tenancy should be 11 July because that was the end of the rental period.

On the basis of that conversation, I have organised the electrician for the EICR etc for after 11 July and had found my own tenant ready to move in a week later (I am taking it off the agent).

I then get the official notification from the agent on 15 June saying that the tenancy will end on 5 July, and when I queried it, they just told me that they take the month from the date of notice (despite the fact that is not what they did when I last had a tenant leave).

So, I am looking to the agent to cover the rent for that last 6 days (without trying to claw if back from the tenant - if they do that, I would repay it to her because she has agreed a new tenancy based on the information that the agent gave her) - if I can find out where (if) it says legally that the tenancy should end on a rent date.

If the agent did a good job, I would not be so bothered, but my rent this month was £114 short because they deducted a renewal fee that they charged the tenant in Feb 2019 that she refused to pay because there was no renewal done (as I found out this week myself - having paid the renewal fee myself in Feb 2019, so that is another £102 they owe me!).

Not that they have told me why the rent was short yet, despite me asking them a week ago - they tell me that they are investigating, but the tenant told me what had happened because they accused her of not paying all of her rent. I suspect they don’t want to admit what they have done!

And then the outgoing tenant tells me that the agent told them that if they did not pass the referencing for their new property, they could rescind the notice - when I queried this with the agent, they told me that “As far as we are aware she plans to leave the property on this date as it was the tenant that served her notice, however as she has served notice she does have right to tenure and is able to retract if she wishes to do so.”, which from my reading on the topic is BS. I believe that she can ask, but I don’t have to agree (not that I would make her homeless - it is the agents’ BS that I have the issue with!).

So, I had to then tell the new tenants that everything was not guaranteed to happen, so that is all up in the air, and I may lose the tenant.

In a nutshell, I am fed up with the incompetence of the agent (other issues include losing their set of keys for one of my properties, not organising repairs that I have authorised, not doing inspections, trying to charge me a checkout fee when my contract with them clearly says that there is no fee), and don’t think I should be out of pocket because of it…and you can see why I am not letting through them again!

Agents are their to fill their own pockets, thats how they make a living,nothing wrong with that. However they charge for all sorts you could do yourself, thats the choice you make.

I suggest you speak to the tenant directly and agree their leaving date, or handover date to the new tenant, and officially dismiss the agent and request a full account of income and expenditure cross-referenced to your contract with the agent.

You ought to undertake the check-out, or have it done for you, and you should know how to access the deposit, so talk to the deposit holder before you take any further action.

It is conventional for the tenant to pay up until the end of the rental period, and not the period of notice following the date of notice.

The rent is short, I suggest, only because the tenant has paid up until the 5th, and not until the 15th, possibly as assumed by the tenant, or as advised by the agent at the time.

It sounds like you have a new person working for the agent who is learning the rules as they go along, acting on ‘common’ knowledge that as we know is not common: until I monitored this forum I did not know the rules regarding notice payment periods!

Only you can offer for the existing tenant to stay, the agent and you cannot rescind the notice they have given, but the tenant can, as far as I can tell (my ‘common’ sense)!

Good luck: chat to the deposit holder then the tenant is my advice and go with your gut

There is something wrong with it if they are charging you for renewals they haven’t done!

The tenant paid the rent in full but the agent deducted the tenant’s unpaid (and not owed) fees from it - the property manager has confirmed that they received full rent to me, but claim not to know why, yet the same person managed to tell the tenant why! The tenant is not happy because it makes it look like she has not paid in full.

I know when the tenant is moving out (new tenancy allowing), my question is, does it say in law that the notice must end on a rent period end? If so, I will be looking for the agent to recompense me for my losses incurred due to their continued incompetence!

The only law that I know applies is the Housing Act 1988 - I haven’t looked into it for you.

I’ve looked and I couldn’t see anything. I was asking if anyone knew - not expecting them to do research for me!