2 months notice but 3 months ast left?

Lisajk_4

Hello mse

Could anyone helpme with my question please. I have just been told by my landlord that he will shortly be sending me an possesion notice eviction number 21 i think he said? thing is i have 3 months and 2 days left on my ast so surely he has to let me stay until then? the council says he does but my landlord says he can give me 2 months notice after the first 6 months.

Can somebody please tell me who is right

thankyou.

chewmylegoff

Lisajk wrote: »

Hello mse

Could anyone helpme with my question please. I have just been told by my landlord that he will shortly be sending me an possesion notice eviction number 21 i think he said? thing is i have 3 months and 2 days left on my ast so surely he has to let me stay until then? the council says he does but my landlord says he can give me 2 months notice after the first 6 months.

Can somebody please tell me who is right

thankyou.

it depends what your contract says in it regarding notice periods.

if it has a clause in it which says that the landlord can give 2 months notice to end the tenancy after the first 6 months, then he can do this.

Lisajk_4

thanks chewmylegoff

I have looked high and low for my contract but i cant find it! although i think the council will have a copy of it. if when i get it and it does not have that clause then he has to let me stay until the end of it?

payless

how long have you been in situ, when was the last AST signed.. and for what period

pinkshoes

I suspect after the initial 6 months, you are now on a rolling contract, but if you can't find the copy, it might be worthwhile asking the landlord for one.

If you have 3 months and 2 days left, then unless he issues the S21 before those 2 days are up, then you'll have 2 months notice from your next rent date, which will give you just short of 3 months notice.

i.e. if your rent is due 23rd August, he'll need to issue you with the S21 before the end of tomorrow (which will mean you have to move out by 23rd October), otherwise if he leaves it until after 23rd August, you'll have until 23rd November to move out.

Lisajk_4

Hi payless

i moved in 22/11/07, and this was the last time it was signed it was for 12 months

hi pinkshoes

i am going to ask my landlord for a copy, i cant belive i cant find it i am so organised with my paperwork normally. sorry for being a bit thick but if it comes tomorrow does that mean that i only get the 2 months? x

Lisajk_4

it probably wont be a problem but would rather stay for the 3 months, but not if it means going against his wishes cos he is horrid and i'll worry!

Lisajk_4

(the council said i could stay until he gets an eviction baliff, i don't want any bother!

payless

Sounds like you should be OK until 22/11 - on 2 fronts
1. 12m tenancy
2. needs to a clear 2 months written notice ( ie at least 2 months up until the end of next period - and he's missed this period unless isuued today )
( don't quote me though)

Why have council got copy ?
Also ensure you know your rights on return on deposit ( was it in a protected scheme)

silvercar

Lisajk wrote: »

(the council said i could stay until he gets an eviction baliff, i don't want any bother!

If the council force you to stay until there is an eviction baliff ordered, your landlord will be bothered!

moneysavinmonkey

Lisajk wrote: »

(the council said i could stay until he gets an eviction baliff, i don't want any bother!

are you planning on moving into council housing then?? - if this is the case you need to be officially 'evicted' through the courts. If you move out 'voluntarily' upon initial notice from the landlord you are classed as having made yourself intentionally homeless so you may not qualify .