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How much notice is legally required to leave a tenancy agreement?

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Back in 2006 (August) we moved into a flat and had a 6 month 'rolling' contract. It was done through an agency. If we left in that time 2 months notice would be required.

Since then no new contracts have been signed and this one seems to have just carried on - mostly as the agency went bust and now we deal with landlord.

How much notice do we now require to give the landlord? Is one month enough? And does it have to be on day of the month we pay rent?

Thanks.
Being bored is so boring Im bored of it... :rotfl:
«1

Comments

  • One month is the usual notice period from the tenant, two months from the LL side. Try and give your LL as much notice as possible.
  • It depends on what the original copy said. There's usually a section on break clauses or something on how it continues. I would assume 2 months based on the information above but without the hard copy I couldn't tell you.

    So in answer to your questions:

    1. 2 months unless otherwise stated.
    2. No 2 months
    3. The agreement should clarify this but if you want to leave as soon as is possible then the soonest would be the day you pay the rent. If you pay on another day then it will be 2 months from the next pay date. Also tenancy agreements usually state that notice must be in writing so you'll need to send a written copy.

    Hope this is helpful,

    Phil
    Property Consultant
    Birmingham, London, Brighton.
  • Babbler
    Babbler Posts: 3,084 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Ok - thanks. I heard that 1 month is the legal requirement and giving more is not neccessary after yout 6 months is up. Will find wording in a min
    Being bored is so boring Im bored of it... :rotfl:
  • Babbler
    Babbler Posts: 3,084 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Its a standard "assured shorthold" contract. It states:

    "Either party may terminate this agreement by serving not less than 2 calender months written notice. Such notice may be served at any time but will not expire before completion of the minimum term of 6 months has been completed from the date of commencement of the term hereof. On the expiry of such notice this agreement shall determine thereon but without any prejudice to any antecedent breach of the terms hereof by either party."

    Our contracty also has this:

    Commencement date: 19th August 2007,
    Expiry date: 18th Feb 2008.

    So technically we dont have a contract??
    Being bored is so boring Im bored of it... :rotfl:
  • Babbler
    Babbler Posts: 3,084 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Reading this:

    http://www.tenancyagreementservice.co.uk/ending-a-tenancy-agreement.htm

    Our tennanct is now effectively periodic and we can give 1 months notice? I think...

    Need to give notice by Thursday - its all happened so fast. We found a place and need to decide by COP today if we want it. Either way we are giving notice by Thursday - but will be either 2 months or 1 month. 2 months is unaffordable for this place we have found so would lose it if thats the case.

    The link says:

    "

    If the agreement is for a fixed term, a tenant has the right to leave on the last day of the fixed term without giving any notice. If they stay even one day over the fixed term, they will automatically become a periodic tenant and will have to give proper notice unless the landlord agrees to them leaving."

    then

    "
    If the agreement is periodic (rolling from week to week or month to month), a tenant will normally have to give at least four weeks' notice to end it, or a calendar month if it is a monthly tenancy. The notice must be in writing and must end on the first or last day of the tenancy, unless the tenancy agreement allows it to be ended on a different day. If rent is paid less frequently a tenant has to give at least one rental period of notice. So if rent is paid every two months, two months notice would be required.
    A tenant may choose to end a periodic tenancy be issuing a valid notice to quit to the landlord. Once the notice expires then the tenant’s agreement will have ended. "

    Thanks for any help!
    Being bored is so boring Im bored of it... :rotfl:
  • N79
    N79 Posts: 2,615 Forumite
    Babbler wrote: »
    How much notice do we now require to give the landlord? Is one month enough? And does it have to be on day of the month we pay rent?

    Thanks.

    Correct and correct. A statutory period tenancy can be ended by T with at least 1 months notice which should end at the end of a rent period.
  • N79
    N79 Posts: 2,615 Forumite
    Babbler wrote: »
    Its a standard "assured shorthold" contract. It states:

    "Either party may terminate this agreement by serving not less than 2 calender months written notice. Such notice may be served at any time but will not expire before completion of the minimum term of 6 months has been completed from the date of commencement of the term hereof. On the expiry of such notice this agreement shall determine thereon but without any prejudice to any antecedent breach of the terms hereof by either party."

    Our contracty also has this:

    Commencement date: 19th August 2007,
    Expiry date: 18th Feb 2008.

    So technically we dont have a contract??

    You have an statutory periodic tenancy. This is automatically created at the end of an AST unless LL has served notice under S21 or the T has surrendered the property before the end of the fixed period. All the terms of the original contract (bar the 2 months notice one which is obviously rubbish, and any other rubbish terms lurking in there) will apply to the periodic tenancy..
  • N79
    N79 Posts: 2,615 Forumite
    Mickyfinn wrote: »
    It depends on what the original copy said. There's usually a section on break clauses or something on how it continues. I would assume 2 months based on the information above but without the hard copy I couldn't tell you.

    So in answer to your questions:

    1. 2 months unless otherwise stated.
    2. No 2 months
    3. The agreement should clarify this but if you want to leave as soon as is possible then the soonest would be the day you pay the rent. If you pay on another day then it will be 2 months from the next pay date. Also tenancy agreements usually state that notice must be in writing so you'll need to send a written copy.

    Hope this is helpful,

    Phil

    1 - Answer wrong - notice term is 1 rental period (see housing act).
    2 - Answer wrong - answer is 1 rental period.
    3 - Agreement clearly states an unenforceable term regarding T notice which is contrary to the housing act.
  • Babbler
    Babbler Posts: 3,084 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Thanks - so basically one months notice is fine and if the landlord disagrees and keeps back our deposit we have to fight it in court.

    Out tenancy started on 19th August 2006 so as long as he gets notice by 18th of this month we are legally fine then...


    Just noticed I put 2007 in original post - we have been there since 2006. Not that that affects things. Still same contract!
    Being bored is so boring Im bored of it... :rotfl:
  • N79
    N79 Posts: 2,615 Forumite
    97trophy wrote: »
    One month is the usual notice period from the tenant, two months from the LL side. Try and give your LL as much notice as possible.

    Good advice!
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