can i give a months notice? RENT Q

smarties84

Hello, i moved into my house in March 2008 and every 6 months i have to sign a contract to stay there another 6 months. Its an assured tenency agreement. In March 2009 i signed a contract until September 2009.
My mum has told me i can move into her house that she rents out for half the rent i am paying now and it is three times as big. I want to give one months notice and move in to the new house in June 09 but i have been told i can give one months notice and then told i can't, can ne one help?
Thanks in advance

pinkshoes

You signed a new contract until September 2009, so this will be the earliest you can move out.

Speak to the LL, and offer to pay the costs of finding a new tenant if they let you move out.

superfran_uk

In a word, no.
You signed the contract, it's legally binding. You could have a chat with your LL if you think he might let you terminate the agreement early but legally you don't have a leg to stand on if he refuses, and will have to pay until the date you signed until.

smarties84

one of my friends has just told me that because i have been in the property longer than 6 months, i can give a months notice even if i have signed for another 6months. She works in a letting agency and types up the letting agreements so i hope she is correct. thanks for replys.

superfran_uk

Why? Did you specifically request a rolling contract?

smarties84

Why what? Sorry not sure what you are trying to ask and what is a rolling contract?
I have been with this letting agency for 5 years and moved house 3 times, every 6 months for the last 4/5 yrs i have signed a new contract for a further 6 months - its just how they work i think.

Can i give a months notice?

tbs624

smarties84 wrote: »

one of my friends has just told me that because i have been in the property longer than 6 months, i can give a months notice even if i have signed for another 6months. She works in a letting agency and types up the letting agreements so i hope she is correct. thanks for replys.

Your friend should stick to doing the typing:unfortunately she's wrong.

Fixed term until Sept means you are contractually bound until then, unless the LL agress to a new T moving in. The LL can look to you to pay the costs of advertsing etc and you would be obliged to cover all costs due under the contract until the new T actually moves in (see Pinkshoes' post)

tbs624

smarties84 wrote: »

.Can i give a months notice?

No, except in circumstances as outlined above.

smarties84

When does a tenant give a months notice because i know lots of ppl who have only had to give a month to move out, why is mine different?

Appreciate the replys - just wish the answer was different!

smarties84

tbs624 wrote: »

Your friend should stick to doing the typing:unfortunately she's wrong.

Fixed term until Sept means you are contractually bound until then, unless the LL agress to a new T moving in. The LL can look to you to pay the costs of advertsing etc and you would be obliged to cover all costs due under the contract until the new T actually moves in (see Pinkshoes' post)

How do you know its fixed term?

On my contract it says for a term of 12 months (which is wrong as its actually 6) commencing on the 22nd of march to the 21st sep 09 - is that fixed term? the tenency is called assured shorthold tenancy agreement.

superfran_uk

IIRC, an assured shorthold tenancy simply means your landlord cannot evict you within the term of the contract unless there are specific circumstances, such as you fail to pay the rent.

A rolling contract is what we are on: after our year fixed term tenancy was up, we asked to be put on a rolling contract as we did not want to be legally bound to stay another year. It basically means we have to give a month, and our LL has to give us two to bring the tenancy to an end. The same would be true if we had not signed another contract after the fixed period came to an end.

However, had we signed up for another 12 months then we would be legally obliged to stay, or at least to pay the rent. Not paying would probably land you in court.

You really should read what you sign, and make sure you research everything you don't understand.