Notice Period - Please Help !!!

Tassotti

Firstly, the 1 Year fixed dates you have given are incorrect.

19.6.07 to 20.06.08 should be 20/06/08 to 19/06/08.

Secondly

'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.'

There is NO NOTICE required by law in the fixed term and 1 month in periodic. It doesn't matter what it says in the AST.

Tell the agent to refer to the Housing Act

System

They can put what they like in the contract, however, since you are now on a STATUTORY periodic tenancy then the conditions and rules within the Housing Act now apply (I.E. tenant only needs to give 1 rent period notice). This is why it is called Statutory.
The only way that they can vary this is to get an Act of Parliament passed, which is probably outside the capabilities of a little LA.

clairet707

Tassotti wrote: »

Firstly, the 1 Year fixed dates you have given are incorrect.

19.6.07 to 20.06.08 should be 20/06/08 to 19/06/08.

Secondly

'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.'

There is NO NOTICE required by law in the fixed term and 1 month in periodic. It doesn't matter what it says in the AST.

Tell the agent to refer to the Housing Act

Sorry to hijack the thread but what you have said above... about the 1 month in periodic

We are now in a periodic tenancy (started 1/8/07 for 6 months), our letting agent said our landlord wouldn't agree to us staying unless we agreed to give 2 months notice in this periodic tenancy, we haven't signed anything else since the original contract - which said in there about the 2 months notice..

The LA tried to get us to sign something that said 2 months when we carried on over to the periodic but as we had signed the original contract we refused (or rather conveniently forgot to return the letter)

Are we obliged to give 2 months notice or is it just 1 month??

Thanks for any help and sorry again for hijacking

Tassotti

What you have just quoted answers your question

Angel_Cake_3

zebulon wrote: »

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

the deposit is in a scheme - Thanks

clairet707

Tassotti wrote: »

What you have just quoted answers your question

Thanks for that, Im going to shove it up smug letting agent ladys nose!! :mad: And tell her to read it and weep

(well maybe not but you get the gist, but she is smug!!)

:beer:

olly300

clairet707 wrote: »

Thanks for that, Im going to shove it up smug letting agent ladys nose!! :mad: And tell her to read it and weep

(well maybe not but you get the gist, but she is smug!!)

:beer:

You are better off giving her a hand delivered letter mentioning the Housing Act and what it states in it.

Otherwise she may decide to argue with you.

tbs624

Angel_Cake wrote: »

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??

No, it doesn’t - IMO your LA is wrong as several of us have already posted.

Angel_Cake wrote: »

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.

Yes, you are right they *are* being totally unreasonable but you can also tell them that what they are seeking to do may be unlawful

Angel_Cake wrote: »

What makes this worse, it the property has a damp issue (which I told them about last winter). …..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.

Keep the repairs/main issues entirely separate to the notice issue. Just keep any notes of phone calls, copies of emails/letters on repairs safe in case there is any dispute on this part when you seek the return of your deposit ( & take some photos, both of any damp etc, and to show the property’s general condition after you have cleaned the property before leaving).

Angel_Cake wrote: »

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

Your LA/LL cannot simply make deductions because they are too dozy to follow LL& T law on notice periods. They have to justify all proposed deductions in writing and you can challenge them if you think you have grounds to do so: if you need to you can notify the deposit scheme admin folk that you are in dispute and take it from there.

You could simply confirm to them in writing, politely but firmly, that you are giving the one month’s notice to tie in with the rent period in accordance with your legal obligations & that they cannot seek to override the law.Keep a copy.

You can ring Shelter 0808 800 444 or community legal services 0845 345 4 345 for your own clarification

Debt_Free_Chick

Tassotti wrote: »

Firstly, the 1 Year fixed dates you have given are incorrect.

19.6.07 to 20.06.08 should be 20/06/08 to 19/06/08.

Secondly

'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.'

There is NO NOTICE required by law in the fixed term and 1 month in periodic. It doesn't matter what it says in the AST.

Tell the agent to refer to the Housing Act

I'm not so sure. Could you confirm where in which Housing Act the one month notice from the tenant is, during a SPT?

My understanding is that an SPT simply means that the terms of the original agreement roll on, on a month by month basis. So, once you pay September's rent, the original agreement is renewed for a month. You pay in October and the original agreement is renewed for another month etc etc.

If the original agreement states two months, then it's two months.

I know many won't agree, but we've another thread which came to no clear conclusion as to the legal reference for the belief that a tenant only has to give one month's notice during an SPT.

I couldn't find any requirement at all for the tenant to give any notice in the Housing Acts - plenty of notice obligations on LLs, but none on tenants.

Regards

tbs624

DFC - see http://www.landlordzone.co.uk/forums/showthread.php?t=12248