Renting advice needed

jezyoung

We have been in a flat since 1st March '08 and have found somewhere else to move to. The problem is, we only found the new house last week and have not been able to give my current landlord 1 months notice.

I've spoken to her and she has given me 2 options

1) Leave at the end of this month and our deposit will not be refunded

2) Sign a new 12 month lease to allow us to stay in the flat after 1st March '09.

We are desperate to move and don't want to loose our deposit.

Our contract states that "the lease should be for a minimum of twelve calendar months commencing on 1st March 2008 and month to month thereafter until terminated by either the landlord of the tenant (s) giving to the other not less than one month's prior written notice, providing always that during the first twelve months of the lease neither party shall be entitled to give notice of termination..."

To us this statement means that the lease will be automatically renewed, after the intial twelve month contract is up, on a monthly basis unless terminated by the landlord or the tenant.

Would we be right in saying that we could give the landlord our notice to leave the property at the end of march? This would give her a month and half's notice.

Thanks in advance,

Jeremy and Sara

nig0609

That sounds correct, after the minimum 12 months, 1 months notice is required. LL can't force you to sign another 12 month lease if you choose not to.

clutton_2

you are contractually obligated to stay until the end of the fixed period and pay rent till that date 28th Feb 2009 - that is the contract you have signed.

if you stay beyond the 1st March you must give one months notice ending on your rent day

if you leave before 28th Feb you must pay rent until that date

if the LL wanted to kick you out early - what would you say ???

jezyoung

I thought it sounded incorrect when she said I'd have to sign a new contract. Sounds like she hasn't read the contract recently

franklee

You can leave at the end of the fixed term without giving notice. But you do need to make sure you are out and hand back the keys in time.

If you are going to stay past the end of the fixed term then you need to give at least one months notice ending at the end of a period.

That's if the landlord hasn't served you notice of course. Do check for that just in case.

barnaby-bear

jezyoung wrote: »

We have been in a flat since 1st March '08 and have found somewhere else to move to. The problem is, we only found the new house last week and have not been able to give my current landlord 1 months notice.

I've spoken to her and she has given me 2 options

1) Leave at the end of this month and our deposit will not be refunded

2) Sign a new 12 month lease to allow us to stay in the flat after 1st March '09.

We are desperate to move and don't want to loose our deposit.

Our contract states that "the lease should be for a minimum of twelve calendar months commencing on 1st March 2008 and month to month thereafter until terminated by either the landlord of the tenant (s) giving to the other not less than one month's prior written notice, providing always that during the first twelve months of the lease neither party shall be entitled to give notice of termination..."

To us this statement means that the lease will be automatically renewed, after the intial twelve month contract is up, on a monthly basis unless terminated by the landlord or the tenant.

Would we be right in saying that we could give the landlord our notice to leave the property at the end of march? This would give her a month and half's notice.

Thanks in advance,

Jeremy and Sara

Option 1 doesn't sound right - if you leave at the end of this month i.e. the initial 12 month FIXED term - you don't need to give notice so it should be leave at end of month AND get deposit BACK. She has no right to notice for the fixed term (although courtesy to give it) and can't withold deposit on such grounds (it should be protected)

poppysarah

Shelter will confirm what's correct if you're at all unsure.

50plusabit

If your fixed term ends on 29th Feb 08, then y9ou are within your rights to walk away on that day, and still get your deposit back, as long as there are no damages. It is usual for the tenant to let the LL know they will be leaving on the end date, but also if you are coming to the end of a fixed term, the LL or Agent should have contacted you with a further fixed term.
Please note, if you are out of a fixed term, then you will have to give one months notice.

barnaby-bear

poppysarah wrote: »

Shelter will confirm what's correct if you're at all unsure.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_fixed_term_agreement

tbs624

Jeremy - welcome as a newbie poster

Are you in Eng/Wales or Scotland - just worth checking because of the doctrine of tacit relocation in Scotland. If TR/Scottish law not applicable, then you can leave at the end of your Fixed Term , which for clarification is presumably at the end of Feb 2009?

50plusabit wrote: »

If your fixed term ends on 29th Feb08....

Your LL's contract is poorly worded anyway because once the contract has become a statutory periodic agreement, you have to give one month's notice and the LL has to give you 2 (not one month from either side ) as you quote from the TA:

jezyoung wrote: »

.....Our contract states that "the lease should be for a minimum of twelve calendar months commencing on 1st March 2008 and month to month thereafter until terminated by either the landlord of the tenant (s) giving to the other not less than one month's prior written notice....

As Poppysarah says, give Shelter a quick call if you want confirmation - 0808 800 4444 (7 days, 8-8)