How much notice do I have to give when ending a tenancy?

StudentMoneySaver

PasturesNew wrote: »

Yes, it's at the LL's discretion if they accept a month's notice from any date. Many good landlords will accept a straight month from any date - especially if you've been there some time.

You need to read your contract carefully really, whereupon you will most likely find it speaks of the rent date being the notice day, but there will be others that do allow just a straight month from any date.

The notice periods on periodic tenancies are governed by law. I would disregard any mention of notice periods in the contract unless it is more favourable to the tenant.

theartfullodger

From the wonderful Shelter website the definitive answer(s)

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies#2

Artful

maz28

I've read all the posts on this thread and i'm quite upset now, i've found a house and want to move into it, tried to give my landlord a months notice today and he said about this whole rent period notice thing and if i have to do that i run the risk of losing the house or having to pay for 2 houses for nearly a month! not really feasible, especially over crimbo! i've checked my tenancy agreement, a 6 month agreement dated 6/10/2007, and it doesn't mention a notice period at all, for either of us, so does that mean i still have to stick to the rent period notice or can i just give him a month from any date? I'd really appreciate any help on this :-)

thanks

docmaggiemay

Ok so it looks like as you havent renewed your agreement you are now on a periodic tenancy. So the rules are you need to give a months notice to coincide with a rental period, as your landlord said.

As your tenancy started on the 5th, you need to give a full months notice starting from the 5th .

So legally, if you were to serve notice now, then the earliest it could start would be at the beginning of your next rental period, ie 5th dec, and the earliest you could leave the contract would be 4th jan. Obviously you could physically move before then, but unless the landlord was feeling especially generous, or eg already has a new tenant lined up, then you will still owe the whole months rent. He might let you off, but doesn't have too.

Sorry!

paul_lee

hi there, ast tennency!!!
can anyone help us here the problem is that we have been in our house since 14th january 2009 and got on great with landlady to start with then we moved a family member over and found out some disturbing information out about them that he was a schedule one offender. now we have had constant harrasment off him and verbal threats and off his freinds too, the police have been involved and told us we are being anti social as we are phoning them complaining about his behaviour. as he directly threatens us and by reporting harrassment to them we are anti social the landlady is standing by him as well as police and the police are backing landlady up for giving us a section 21 eviction notice! the community beat manager said it was his duty to inform landlady of the serving of a firearms warrant, even though as i said even though we were not charged with any offence!can he do this legally? because we feel he is acting unlawfully and partially instead of impartially?
can we object to this eviction ? we have not done anything wrong and we have a child too, plus we have cctv evidence to back us up over 300 hrs of recordings. also my husband has been invovled in a theatrical alien base attack show in blackpool and they used electronically adapted M4 assault rifles as part of the show and 8MM bright orange bruni hand guns to make the show more realistic and he was arrested as was myself and released with NO charges the guns complied with uk gun licensing laws requiring weapons to be a bright color ie: orange or blue, the family members across the road made up so many lies to the police that we ended up getting arrested as i said before, and the police officer told the landlady about this blank firing theatrical gun and she has told the officer that she will be giving us this section 21 eviction notice, and he said he is behind her regarding this even though we have not broken any laws in regards to the firearms act. so can anyone help?
many thanks. ps can someone reply with legal standing as we have a 7 yr old daughter and police have never been to us regarding any harrasment against family across the road, officer also said that he believes we are not harrasing him, how can they do this?

molerat

You would be better starting a new thread to make it more visible for those in the know to help.

A S21 notice can be issued at any time for any reason but must comply with the rules and must give 2 months notice in line with your rental period. You cannot be evicted before the end of your AST unless there is a break clause. Is your deposit in one of the protection schemes, if not the S21 notice is invalid.

paul_lee

hi thanks for replying were does that put us in relation to deposits and most of all break clause thank you very much paul

BitterAndTwisted

Do you currently have a fixed-term rental agreement with your landlord?

Have you received any notification from your landlord about which scheme your deposit is lodged with? Lodging the deposit is a legal requirement and in theory the landlord could face a penalty in court for not protecting it. If the deposit has not been lodged your landlord's Section 21 Notice will fail in court. Check with all three schemes (I think you can search by the rental property's address).

Please come back once you have the answers.

paul_lee

my land lady was given two weeks deposit by my daughters social worker it has not been put into any deposit schemes to my knowing i have not been given any notification as this fact all i have done is be constantly harassed by my partners dad we both have and we did wot the police have said dont annoy him or threaten him witch we have done he is a convicted schedule 1 offender he constantly made up lies to police .police have never been to warn us over anything only when he made up lies to stop my partner getting information from hospital as her mum was seriously ill thats how sick he is and since then he has lied and lied through his teeth he set out to get us throwen out of our house because of his convictions for offences against children he was sentenced to jail for it all my partner did was ask why she had done nowt wrong or me and now they even set us up got us arrested on supplying false information to police witch resulted in him supporting landlady we told her we never followed him to petrol stations or any were else he constantly phones her because we dont rise to the threats as we have a seven year old daughter its our belive that because he found out that we know what he done to kids and my partner there was such strong evidence as to the fact he wants to destroy our family as he never had that chance to have a family because of his sick convictions against children his own kids thanks for listning also any help on this matter would be very grateful to us in keeping our house hope you all understand thanks again paul and sam ps can you tell me how and were to check rental propertys list to see if my house is on it regaurds paul and sam

tbs624

paul lee - I find your posts hard to follow but if you want to find out whether the tenancy deposit has been scheme registered you need to check online with each of the three schemes - DPS, TDS and mydeposits. A S21 notice will be void if your tenancy deposit has not been protected - however, the LL can subsequently protect it and re-issue a valid S21 Notice

If you need legal advice ( and it sounds as though you do) try googling Community Legal Advice.