Tenancy Agreement Question

Giraffeseeker

Hi, I wonder if anyone can help me with my notice period on my tenancy?

I entered an AST in November 2007 and after the 6 months I assume this became a periodic tenancy. I pay my rent monthly. I am trying to determine the notice period I will need to give.

The clause in the AST says "If the tenant intends to vacate at the end of the fixed term,or any later date, he agrees to give the Landlord at least two month's prior Notice in writing".

I knew that it was 2 months to end the AST (ie to leave at the end of the initial 6 months I needed to give notice at the end of the 4th month), but once it was periodic I though notice periods were (by law) the same as your rent payment frequencies, in my case one month.

Does this clause in the contact over-ride the law/regulations that periodic tenancies can be ended with the same notice as your rental payments?

It puts me in a bit of a quandry as I'm buying a property and wanted to give notice the day I exchanged. Assuming completion 2 weeks later this would only give 2 weeks overlap of rent/mortgage - but 2 months notice will be more tricky timing wise.

Can I request 1 months notice with the landlady/letting agent or am I tied in to 2 months? If I am, I'd better take a risk and hand my notice in soon. Just don't want to be left homeless with two children!

Thanks

JoeA81

I am 99% sure that you are 100% correct! I think that the law overrides anything written in the AST on this particular matter and you only have to give one months notice.

rainbowangel

Hi TTG

If you are in to the periodic tenancy you have to give your landlord one months notice and they have to give you two months notice. If you take out tenancy on the 17th of the month notice will commence from the 17th regardless if you gave it on the 2nd.

If your deposit is not held under the new tenant scheme then I would suggest for your last month using your deposit to pay for the rent to make sure you are not out of pocket.

Could you not give the exchange date as the same date as you move out of the flat?

Congrats on your purchase hope you got a nice place

G

Giraffeseeker

Thanks Joe and Rainbowangel, I really hope you are right but I've just read somewhere else online that the original terms of the initial AST stand (ie 2 months notice) so I'm not sure what to think now. Don't know whether to call the agents or not. Landlady lives abroad but is back this week and coming to look at an ongoing problem, so don't know whether to speak to her directly about 2 months notice and whether she'd accept a month (she might want to repaint or something, it's been let a few years now with no break). She's always been very nice and helpful on the phone. So complicated! Harder buying a house single I think as noone to bounce things off.

clutton_2

ANY housing expert will tell you - irrespective of what clauses/conditions are put into an AST - the Law says that tenants need only give one months notice - END OF !!!

Greedy Agents/amateur landlords want their cake and eat it ......


I am a landlord of 10 years standing - think i do know the answer to this basic question...

Giraffeseeker

Thanks clutton - that's great news for me! Just worried that they'll take the deposit in leiu of the 2nd months rent but it's in a deposit scheme so I guess they can't. The agent is Belvior but I'm in contact with the Landlady so I may give her a call out of courtesy and see what she says.

rainbowangel

Hope it goes ok. At least you know your deposit is secure. I would just add that I would take photos of everything when you go just as extra security.

Good Luck!

tbs624

rainbowangel wrote: »

......If your deposit is not held under the new tenant scheme then I would suggest for your last month using your deposit to pay for the rent to make sure you are not out of pocket.

Ts should *not* try to use their tenancy deposit to pay their final month's rent.

tbs624

Tintingirl - you would not have needed to give 2 months notice to leave at the end of the original fixed term although it tends to speed up the return of a Ts deposit if the T lets the LL know, as a matter of courtesy, that s/he will be moving out on the expiry date.

Now you are within a statutory periodic tenancy you can, as Clutton and the others have said, simply give one month's notice to tie in with your rental period.

You mention that your LL is abroad - has s/he formally given you an address within the UK for the service of notices relating to the tenancy/property? If she hasn't then she may not lawfully collect any rent until such time as she does.Does the LA you mention actually manage the property in the LL's absence?