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of ... |
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I AM RENTING A HOUSE FROM A FAMILY MEMBER
I JUST FOUND OUT HE HASN'T PAID HIS MORTGAGE IN A FEW MONTHS.NOW HE IS TRYING TO SALE IT "QUICKLY
BEFORE THE BANK FORCLOSES.WHERE DOES TH... |
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joe r | Is my landlord right about this point of the 1988 housing act? |
He says that under it when I give one months notice on my tenancy agreement that the one month notice period must start from the first of the month. I want to serve it mid month, is he right? |
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smitters06
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Tell him the act has been updated now the housing act 2004 and you have ebery right to leave mid month as long as it is a months notice you are within your legal rights. he is having you on. A copy of the Housing Act 2004 and its general explanatory notes are available from the Office of the Deputy Prime Minister. |
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I am woman
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Yes it must start on the 1st day of the calendar month. |
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Simon R
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it depends what kinda teneancy you have. If you have a periodic tenancy i.e week 2 week, or month 2 month, you have to give notice depending on the periods rent is payable. If weekly you need to give 4 weeks, monthly - you need to give one month, quarterly - you need to give 3 month notice.
NOTE: The notice must be in writing and must end on a day when the rent is due, or the day before.
I'd suppose you could leave mid month but you would probably need to pay the full months rent |
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stormwarnfm
 |
I think he is trying to say this so you will owe him a full month's rent. |
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pollyrose1994
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i suggest you refer to your contract details and double check and see what it says. If his statement matches the contract details, then you have to go by it. |
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Steven N
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No he's wrong, it's the other way round. If he gives you notice HE has to do it on the first of day of the calender month, since this is officially the first day of the monthly rolling contract. A landlord must give 1 calender months notice to the tenant from the first of the month. If he gives it to you on the second, tough, you have the right to one month and 30 days residence.
If you have been in less than six months he can hold you to the end of the 6 month term, but as a rule it's 1 months notice as and when you like. Final money paid is pro rata'd on a daily basis. |
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Seth R
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NO!
The act provides that you can serve 30days notice at anytime in your tenancy. The repurcussions are that if you are breaking a lease you may reletting fees or lease break fees other than that he's required to prorate your rent for the time that you are there for the other part of the month.
Sounds to me like he's looking to get a full month out of you instead of paying your month and prorating. |
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Douglas C
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no he is not right it is a 30 day notice it could be any day of the month as you wish,,,as long as you give him 30 days notice,,,, |
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DMsView
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I'd say no. If you wanted to give your job one months notice, they wouldn't expect that to start from the 1st of the next month. |
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shih tzu lady
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No it doesn't have to start from 1st of month. You can give notice whenever you want, if all you have to give is one month, although it's usually easier if you give it from the date your rent is due. However, if you dont want to do that you will have to make sure your landlord calculates your rent pro rata. |
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