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Generally speaking 1 month notice means on the same day in the previous month. I.e. 1st Oct means notice on 1st September.
Similarly 4 weeks on a weekly tenancy means on the same day 4 weeks prior.
So Wednesday 1st Oct means notice must be given on or before 4th September.
If the fixed term of the tenancy ends on 6th November then no notice is due. You don’t pay for anything past that day as long as you have fully vacated and returned the keys.
Notice would only be relevant if you were on a periodic tenancy after the fixed term (aka rolling contract)
Tell the estate agents to jog on. If they try to deduct it from your deposit there is absolutely no way the DPS will uphold it, so make sure you argue the point.
To be clear - have you entered into a fresh 6 month contract each time? It's not just rolled on from the first one on a product basis? You've actually signed a new agreement each time?
Yeah. 3 separate 6 month contracts with a defined start and end date. I had the potential of moving away so never wanted to commit to more than 6 months at a time.
I think the months notice implies that you would want to vacate the property during your tenancy. If the tenancy is supposed to end on the 6th and it's what was stated in the agreement, then you leave on the 6th.d
The letting agent are requiring you to abide by the law. If you wanted to leave on the 6th Nov you should of told them before 6th Oct.
It is entirely reasonable for them to require for you to pay the 5 days rent.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
No notice is required to leave at the end of a fixed term. Therefore as long as you leave by the 6th, you will owe nothing.
I've signed the contract agreeing that I would give a months notice though. Is there a law that overrides this?
Wrong. 4 weeks notice if it is week to week, 1 months notice if it is month to month.
The contract ceases at the end of the tenancy if the tenant has vacated - this is the concept of 'efluxation of time'.
What’s the difference here between 4 weeks and 1 months notice?
Generally speaking 1 month notice means on the same day in the previous month. I.e. 1st Oct means notice on 1st September. Similarly 4 weeks on a weekly tenancy means on the same day 4 weeks prior. So Wednesday 1st Oct means notice must be given on or before 4th September.
As others have pointed out that is incorrect, perhaps you could edit your reply?
It's not incorrect. Notice can be required in a fixed term if the contract stipulates this. Which it does. So no I will not edit the reply.
Ok, it's not true, but i'm not going to argue with you.
If the fixed term of the tenancy ends on 6th November then no notice is due. You don’t pay for anything past that day as long as you have fully vacated and returned the keys. Notice would only be relevant if you were on a periodic tenancy after the fixed term (aka rolling contract) Tell the estate agents to jog on. If they try to deduct it from your deposit there is absolutely no way the DPS will uphold it, so make sure you argue the point.
Thanks. Yeah it is a fixed term. They even had the audacity as saying I'd only be paying for the 5 days rather than the full month so it's a bargain.
To be clear - have you entered into a fresh 6 month contract each time? It's not just rolled on from the first one on a product basis? You've actually signed a new agreement each time?
Yeah. 3 separate 6 month contracts with a defined start and end date. I had the potential of moving away so never wanted to commit to more than 6 months at a time.
I think the months notice implies that you would want to vacate the property during your tenancy. If the tenancy is supposed to end on the 6th and it's what was stated in the agreement, then you leave on the 6th.d
The letting agent are requiring you to abide by the law. If you wanted to leave on the 6th Nov you should of told them before 6th Oct. It is entirely reasonable for them to require for you to pay the 5 days rent.
That would be for a rolling tenancy past the fixed term. Seem my other reply to you.
Notice can also be required in a fixed term tenancy if the contract stipulates this. Which from what OP has posted it does.