We are renting a flat and are being held liable for almost 2 months’ rent after giving notice a couple of days after the rental period starts. We didn’t know notice had to be given for vacating on the end or start date.
Initially we were on an AST which became a periodic tenancy after we stayed without committing to another fixed term. This was confirmed via a brief email from the landlord forwarded to us.
The AST was for 12 months with a 6 month break clause, and states a month’s notice must be given by tenants. It refers nowhere to a periodic tenancy. Our agent has confirmed that they failed to send us routine documentation would which confirms a periodic tenancy and details the different notice requirement under this.
It seems like the landlord is acting within their rights, if being rather ungenerous. We’re now responsible for another month’s expensive rent as a direct consequence of the agents failure to send documentation. Do we have any right to recourse from either the agent or the landlord?
We had asked the landlord to recognise our notice of one month and indicated our flexibility in moving out as soon as new tenants wanted to move in. Now we’re being held to paying rent until christmas unless a new tenant is found sooner. It’s in the landlord’s interest to secure a tenant before this quiet period and ours to pay less rent. As it is, they’re having their cake and eating it by holding us liable while still offering earlier occupancy.
Grateful for any advice.