Notice Period - Please Help !!!

Angel_Cake_3

Am renting at the moment and paying a massive £1560 pm!!
I have found a property that is £500 cheaper and have agreed to have it.
I have been at my current property since 20.6.07 on a years contract. This expired on 20.06.08 and the letting agency said we are now on a month by month contract.
I even spoke to them yesterday (the secretary) and was told the notice is a month from 20th of the month. I have therefore given them a month from 20.09.08 and told my new landlord I will move in on 20.10.08.
My current letting agents have just been on the phone and said I need to give 2 months notice. I queried this and they said it was in my original agreement that I signed (It was never pointed out to me and I was never given a copy back)!
Where do I stand 0n this.?
They are quite adamant that I need to give 2 months (unless let in the meantime). I did have to have 2 months rent in advance on this place.
Help greatfully received!!
Many thanks

System

Since you are on a periodic tenancy, you only need to give 1 month notice. Since the original agreement has expired, the LA can not now use this to claim that you are required to give 2 months notice.

On a periodic tenancy the LA still needs to give you 2 months notice though.

See this article on the Shelter site http://england.shelter.org.uk/advice/advice-3145.cfm#wipLive-34410-5

Angel_Cake_3

Thanks !!!!!!, we have only be told verbally about the month by month thing....
We originally signed for 1 year and were told after that if we wanted a longer lease ie - 2 years we would need to get a solicitor to draw something up, otherwise it is month by month.
The letting agent said to me that it is clear in the agreement ( a special clause ) that no one pointed out to me that it is 2 months!
Does the 1 month still stand?
Thank you

Chargingthebank

As long as you haven't signed a new agreement then you're on a periodic tenancy so it's only 1 month's notice.

(Without being rude - you cannot blame the LA for not pointing out that it is two months because they will (rightly) say you should have read what you were signing. Unfortunately not understanding the wording doesn't mean it isn't two months notice and it will just get their backs up mentioning that. But it definitely sounds like you're on a periodic tenancy so that doesn't matter anyway)

System

The thread below from Landlord zone should clarify it
http://www.landlordzone.co.uk/forums/showthread.php?t=12309

Alleycat

Regardless of what it states in the tenancy agreement, the minimum notice period required from the tenant is one month. They could only stipulate two months notice if you were wishing to end the tenancy early and there were a break clause included.

Angel_Cake_3

Alleycat wrote: »

Regardless of what it states in the tenancy agreement, the minimum notice period required from the tenant is one month. They could only stipulate two months notice if you were wishing to end the tenancy early and there were a break clause included.[/

Thanks for that !!

house184

I believe that the terms of a statutory periodic assured shorthold tenancy (which you have now) are the same as those of the fixed term contract EXCEPT any term that related to notice Section 5 (3) (e) Housing Act 1988 I think. You just have to give one months notice

tbs624

Angel_Cake wrote: »

Thanks !!!!!!, we have only be told verbally about the month by month thing....
We originally signed for 1 year and were told after that if we wanted a longer lease ie - 2 years we would need to get a solicitor to draw something up, otherwise it is month by month.
The letting agent said to me that it is clear in the agreement ( a special clause ) that no one pointed out to me that it is 2 months!
Does the 1 month still stand?
Thank you

Are you in Eng/Wales?

Please note that lettings agents frequently don't have a very firm grasp of LL & T law basics, despite the nature of their business. They can currently set up in business without any qualifications, specific training or expertise: anyone dealing with a Letting A should always seek their own clarification.

There is no specific reason why you could not have had a 2 year AST: LLs/LAs generally prefer to start with a shorter TA until they know the tenant is reliable but a longer AST could have included a break clause.

The periodic contract (month to month) is provided for under the law (ie, statutory) and arises when neither the LL or T seek to sign up for another FT after the expiry of the original contract. It is not "granted" by a LA/LL as such, and s/he cannot apply his/her own interpretation of notice periods.

The provision under the law, as several other posters have pointed out is that the LL gives 2 months notice and the tenants 1 month, tying in with a "rent period".

Did this Agent register your deposit btw?

Angel_Cake_3

Dear All, firstly, thank you all for you help and advice !!!

Have received a copy of the Tenancy agreement today - they never gave me back the original, even though they said they did!

The front of the agreement says it is an Assured Tenancy Agreement for 1 fixed year from 19.6.07 to 20.06.08 and then month by month.......

However......inside in the small print it says that notice during the fixed term or after the fixed term is a minimum of 2 months.

Does this mean I am stuck??

I spoke to the LA today and they are being totally unreasonable and will not meet me half way or compromise in any way shape of form.

What makes this worse, it the property has a damp issue (which I told them about last winter). Was told it was condensation and to open the windows. It also has damp coming up through the floor and one room has mold growing on the carpet. When I told them about this months ago, was told to clean it myself and keep an eye on it.
The cellar that was advertised with the property, is unusable as it always flooded. In addition to all of this, they have promised for the last 6 months to decorate and this has never happened.

I tried to use this as a bargaining tool to say, I have put up with all of this, the least you can do is compromise - NOT A CHANCE!!!!

They also have a huge £3k deposit of ours, so I do not want to jerpodise this.

The LA bascially told me all he is interested in is protecting the landlord !
Sorry to ramble - hope you can help

zebulon

Angel_Cake wrote: »

1 fixed year from 19.6.07 to 20.06.08 and then month by month.......

They also have a huge £3k deposit of ours,

they should not ... Is your deposit registered with a scheme? (unless you're in scotland)