2 month notice period

Paragon

When I turned up to sign the lease and collect the keys on my flat I was dismayed to discover the agency had a 2 month notice period. However with no other options available at such a late stage I had to sign. Now I have seen a new place I want to rent, and the longest I can wait before moving in is 1 month, leaving a 1 month overlap which will cost a small fortune in double rent, council tax, bills, not to mention already having to put down a deposit on the new place, pay the first months rent and have the old place professionally cleaned.

Is this common? I feel a bit ripped off but really want to move into this new place? It seems to me a 2 month notice period is sheer profiteering as it forces people into unnecessary rental overlapping.

While there is some sort of early termination clause in my lease it is heavily weighted towards the agency's favour. It says I am responsible for all fees and expenses incurred in finding a new tennat, rent up to the date of entry of new tennant plus a £100+VAT fee... crazy surely?!

mel19632

This is quite standard in agency agreements, it also surprises me that there is not a minimum period as well - this is normally a minimum of six months so I would check to make sure that is in there. The agreement is there to protect the landlord and everything in there is set up to protect the landlord and not the tenant.

silvercar

You need to tell us what you have signed. Is it an AST (Assured Shorthold tenancy)? Is there a minimum term (often 12 months, though sometimes 6)?

If the contract is an AST and is for a fixed term, you can leave at the end of the fixed term with no notice. A landlord would need to give you 2 months notice that they did want you to leave at the end of the fixed term. In this instance protecting you not the landlord.

Once the fixed term has ended, the contract becomes a periodic tenancy and the landlord is required by law to give you 2 months notice to end at the end of a rent period.

clutton_2

legaly - tenants are only obliged to give one months notice once the fixed period is ended - IRRESPECTIVE of what it says in the tenancy agreement

Giraffeseeker

clutton wrote: »

legaly - tenants are only obliged to give one months notice once the fixed period is ended - IRRESPECTIVE of what it says in the tenancy agreement

Is that true? I've been in rented 18 months and on 2 months notice, have been worrying about how to reconcile that with the uncertainty of house-buying and not wanting to overlap too much as finances are tight. One month's notice would mean I could give notice when things were almost tied up and only have a couple of weeks overlap. But I don't want to lose my deposit which is £700.

clutton_2

yes it is true. many many agents and poor landlords put this clause into their Agreement for their own convenience

you cannot include a clause in a Tenancy Agreement which takes away a tenants rights accrued under other legislation.

check if out with your local council private sector housing advice, but, you can also read Shelters website and call them

the actual date on which you give your notice is however crucial

what date did your last agreement start and how long is it for ?

Landlords have to give 2 months notice, tenants only 1 month.

franklee

The thing is to clear up what stage of the tenancy you are on.

If it's a break clause to break a fixed term then the contract can impose two months notice from the tenant (or whatever the contact says providing the clause for the tenant to break isn't more onerous than that for the landlord to break).

If it's a statuary periodic tenancy then it's the one months notice from the tenant.

So are you still in the fixed term aiming to use a break clause or what? What does the contract say?

stolt

Dont want to hijack this thread but i have a similar question. apologies OP. We originally took out a 6 month tenacy and we have now been here 18months on a rolling month contract. We are renting off a frst time BTL who used an agency for the contracts, iternary etc but basically said contact the LL if there are ny problems as they are not involved.

We are nearly ready to exchange and i havent gave noticed yet. we moved in on the 17th september 2007 and our rent is also collected by DD in the 17h so i was hoping we wold exchange before 16thApril so we could complete on the 16th May.

silvercar

We are nearly ready to exchange and i havent gave noticed yet. we moved in on the 17th september 2007 and our rent is also collected by DD in the 17h so i was hoping we wold exchange before 16thApril so we could complete on the 16th May.

Looks OK. You would give notice on or before the 16th April that your tenancy will end on 16th May.

Unless you are single with limited furniture, its always better to budget for an overlap rather than risk being homeless for a couple of weeks.

stolt

silvercar wrote: »

Looks OK. You would give notice on or before the 16th April that your tenancy will end on 16th May.

Unless you are single with limited furniture, its always better to budget for an overlap rather than risk being homeless for a couple of weeks.

That's good, yes I want to have some stort of overlap because I'd like to get the builders in to plaster the artex before we move in.

lizzielondon

not that this will be much help, but you won't have to pay council tax on the flat your not living in, will count as your second home