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  • FIRST POST
    • owsaboutthatthen
    • By owsaboutthatthen 12th Sep 08, 8:57 PM
    • 935Posts
    • 661Thanks
    owsaboutthatthen
    How much notice does a Landlord need to give to tenant to vacate?
    • #1
    • 12th Sep 08, 8:57 PM
    How much notice does a Landlord need to give to tenant to vacate? 12th Sep 08 at 8:57 PM
    I'm so sorry if this has been posted before. I just can't seem to think straight to even search for the answer. My landlord has given me one month's notice to find somewhere else. My tenancy should have been renewed at the end of this month but due to my landlord's personal circumstances they have chosen not to renew the tenancy and said I have 4 weeks to find somewhere. I asked if my landlord could bear with me as it isn't as simple as that. I am a single mum of 2 young children etc etc. I am gutted. Is it right that I only have a month to find somewhere?

    Can anyone help please? Thanks in advance.
    Hindsight is a wonderful thing
Page 1
  • sooz
    • #2
    • 12th Sep 08, 9:01 PM
    • #2
    • 12th Sep 08, 9:01 PM
    If you pay monthly, your LL always has to give you two full calendar month's notice, to end the day before a rent day. (and it cannot be before the end of your fixed term) So if you pay on 1st of each month, & he told you today the earliest he can ask you to leave is 30th November.

    Unless he already served a section 21 notice at or near the beginning of the tenancy. However, it doesn't sound like this is the case if your AST is due for renewal at the end of the month, & he wants you to move out two weeks into October.
    Last edited by sooz; 12-09-2008 at 9:08 PM. Reason: half my keyboard & all of my brain isn't working!
  • sooz
    • #3
    • 12th Sep 08, 9:19 PM
    • #3
    • 12th Sep 08, 9:19 PM
    OP - I'm not feeling well, but what I said is about right. Just the words aren't right in my head IYKWIM!

    Wait for someone with full wellness to reply fully (I'm only hanging round here for an answer about a cinema card question, before I go there tomorrow morning)

    If you want longer in your current place, don't tell the LL just yet that his notice is invalid. Leave it as long as possible, to give yourself a bit more time. Even once served properly, you do not have to move out, but he can then apply to the courts for possession. Depends on how much you want a good reference.....
    • Debt_Free_Chick
    • By Debt_Free_Chick 12th Sep 08, 11:00 PM
    • 13,150 Posts
    • 9,492 Thanks
    Debt_Free_Chick
    • #4
    • 12th Sep 08, 11:00 PM
    • #4
    • 12th Sep 08, 11:00 PM
    LL has to serve notice covering two full rental periods. Usually, a rental period starts on the day the rent is paid - but check the contract. He can serve the notice anytime, but it must cover two full rental periods. (Calendar months don't enter in to it).

    OP needs to post the rental period stated in the AST; the start date and the fixed period.

    As you rightly point out, Sooz, OP also needs to check to see if a s21 notice was issued at the beginning of the tenancy.
    Warning ..... I'm a peri-menopausal axe-wielding maniac
  • house184
    • #5
    • 13th Sep 08, 12:27 AM
    • #5
    • 13th Sep 08, 12:27 AM
    If relevant (depending on when you became a tenant and if you paid a desposit) you might want to check that any deposit you paid has been paid into a scheme and that you have got the prescribed information. sec 21's can't be used until the deposit is protected and you have received the prescibed info.

    Landlords who don't know one bit of Landlord and Tenant Law often don't know other bits.
  • sooz
    • #6
    • 13th Sep 08, 11:20 AM
    • #6
    • 13th Sep 08, 11:20 AM
    Thanks DFC - I meant calendar rental months (like pcm) but couldn't remember the term.

    Can't wait for this baby to be born, then I can go back to taking proper medicines when ill. Paracetamol just doesn't cut it.
    • Gareth83
    • By Gareth83 3rd Jan 10, 2:02 PM
    • 919 Posts
    • 68 Thanks
    Gareth83
    • #7
    • 3rd Jan 10, 2:02 PM
    • #7
    • 3rd Jan 10, 2:02 PM
    Is 2 rental months the norm then?

    A friend has lived in the same rented property for 14yrs and now the LL has given them 1 month to move out

    Where do they stand?
    • princeofpounds
    • By princeofpounds 3rd Jan 10, 2:28 PM
    • 7,682 Posts
    • 10,099 Thanks
    princeofpounds
    • #8
    • 3rd Jan 10, 2:28 PM
    • #8
    • 3rd Jan 10, 2:28 PM
    OK, as your tenancy has not been renewed, I am assuming you are on a statutory AST. This is an AST letting contract which has run beyond its fixed term, and as a result has moved to the basis set out in law (statute).

    You may not have a statutory AST if the rent is over £25k a year, or if the tenancy has been in existence a very long time. Your fixed term may not have run out, but from what you said about renewals not happening, it appears that it has.

    A statutory tenancy contains all the provisions in the original AST, but 'rolls' from month to month. A landlord must give a tenant 2 months notice to leave, to coincide with a monthly rental period, whereas tenants must give one month's notice to leave, also to coincide with a rental period.. The information given above is broadly correct but not pedantically accurate.

    You can ONLY be evicted by a court order, so if you find yourself without accommodation on the day you are meant to move out do not worry - it is the landlord's problem and you do not need to surrender the property.

    A landlord can only get a court order by first issuing a proper notice to end the tenancy. In your case, this is likely to be a Section 21 notice, which basically says 'tenancy over as fixed term has gone and I want the property back'. Please check in your documents to see if you were served with one at the start of your tenancy - (search for 'sword of damocles'). If you have not been served with one yet, legally the landlord has not even started to ask you to leave. That's not to say you shouldn't leave if asked (with your minimum legal notice) but to point out again that you won't be homeless or rushed.

    The notice must be in the correct format, with the correct dates, to be valid. If your deposit fals under the protection legislation but was not protected, it is also not valid.

    If you have been served with one, then you have already been given your two months notice, but with the tenancy rolling over it would be quite likely to be invalid if issued long ago, so I suspect you haven't been issued with one.

    So, bottom line is this. You should get 2 months under law. If you have not been given a section 21, then you still have minimum 2 months in the property and possible 4-6 months if you fail to get alternative accomodation in time as court orders do not arrive quickly.

    If you have been given a section 21 that is valid (unlikely) then you still have a couple of months if you turn out to need it.

    Please provide some more detail on your paperwork and we can tell you exactly how to reply. Also please tell us what you want to achieve. You will not be able to stay in the property forever but you will be able to get more time by insisting on your rights, and if necessary by being difficult.

    PS Contact Shelter for housing advice on the phone if you like, just so you know this isn't random stuff some guy on a forum made up.

    And you are in England and Wales?
    Last edited by princeofpounds; 03-01-2010 at 2:30 PM.
  • hmerrick
    • #9
    • 29th Oct 10, 9:48 PM
    • #9
    • 29th Oct 10, 9:48 PM
    My landlady just sent me a txt let me know I need to vacate in one month.
    I have a 12 months contract that finishes the 4th of March, 2011.
    I tried to talk to her but she just switch off her mobile.
    Can she does that?
    I thought it was 2 months at least but not sure as I am new living in this country and dont know so well al the tenancy laws.

    I will really appreciate your comments.
    Thanks
  • amberjade
    Hi, it is 2 months notice and I believe it is in writing. Please go to the housing team at your local council who will confirm the exact legal rules.

    best wishes
  • tbs624
    My landlady just sent me a txt let me know I need to vacate in one month.
    I have a 12 months contract that finishes the 4th of March, 2011.
    I tried to talk to her but she just switch off her mobile.
    Can she does that?
    I thought it was 2 months at least but not sure as I am new living in this country and dont know so well al the tenancy laws.

    I will really appreciate your comments.
    Thanks
    Originally posted by hmerrick
    (1) Your LL has to give you notice *in writing*
    (2) She cannot give you notice before your Fixed Term is due to expire next March unless you have breached your tenancy agreement
    (3) Even once she has given correctly timed notice, you do not need to move out until she has obtained a court order


    The local Council usually has someone called a Tenancy Relations Officer who deals with private sector tenancies - speak to them on Monday and tell them that your LL is seeking to evict you. Don't delete the text.

    If the property is in England or Wales then the LL has to have scheme registered any tenancy deposit you have paid - has she done this?
    • theartfullodger
    • By theartfullodger 29th Oct 10, 11:01 PM
    • 8,187 Posts
    • 10,690 Thanks
    theartfullodger
    It's 2 months unless Landlord lives in the building
  • tbs624
    It's 2 months unless Landlord lives in the building
    Originally posted by theartfullodger
    Yes, but note that the OP says she has a fixed term through until next March so without a breach on her part LL can give that 2 months via a S21 but won't be able to commence action for repossession until after that March expiry date
  • 925dancer
    Yes, but note that the OP says she has a fixed term through until next March so without a breach on her part LL can give that 2 months via a S21 but won't be able to commence action for repossession until after that March expiry date
    Originally posted by tbs624
    Unless there's a break clause. Still not been served notice properly but unless we know the details of any break clause we are assuming it is fixed until March 2011 with no get out for the LL.
  • Jowo
    Is 2 rental months the norm then?

    A friend has lived in the same rented property for 14yrs and now the LL has given them 1 month to move out

    Where do they stand?
    Originally posted by Gareth83
    Your friend should work through the Shelter tenancy checker as tenancies that commenced before 27 Feb 1997 can be of different types depending on the type of agreement or notice issued, and this will be the main factor in determining whether they have greater security of tenure (assured tenant) or not, compared with tenants that have an AST (assured shorthold). Very important for them to determine their legal status. Have they had changes to their tenancy agreement since they first moved in or are they on the original one?

    http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker
  • tbs624
    Your friend should work through the Shelter tenancy checker as tenancies that commenced before 27 Feb 1997 can be of different types depending on the type of agreement or notice issued, and this will be the main factor in determining whether they have greater security of tenure (assured tenant) or not, compared with tenants that have an AST (assured shorthold). Very important for them to determine their legal status. Have they had changes to their tenancy agreement since they first moved in or are they on the original one?

    http://england.shelter.org.uk/get_advice/downloads_and_tools/tenancy_checker
    Originally posted by Jowo
    Jowo - bit of confusion as hmerrick has piggybacked on an existing thread.

    Gareth's post, to which you have responded is dated *January 2010" so it's likely the mate will be sorted out by now: Gareth himself tagged on to a thread from 2008.....
    • PasturesNew
    • By PasturesNew 31st Oct 10, 7:37 PM
    • 54,926 Posts
    • 314,495 Thanks
    PasturesNew
    My landlady just sent me a txt let me know I need to vacate in one month.
    I have a 12 months contract that finishes the 4th of March, 2011.
    I tried to talk to her but she just switch off her mobile.
    Can she does that?
    I thought it was 2 months at least but not sure as I am new living in this country and dont know so well al the tenancy laws.

    I will really appreciate your comments.
    Thanks
    Originally posted by hmerrick
    You have the full right to stay there until 4 March 2011. She can do nothing about that.
    If she wants you to leave, she cannot text you. She has to provide you with a proper/written S21 notice, which would have to be given to you before 4 January 2011 (her giving you 2 months' notice).

    She cannot let herself in, she cannot turn up and tell you to get out - no matter what the date is.

    She cannot assume you have left on 4 March, if you have not left on 4 March, she has to go to court to get you formally asked to leave.
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