Notice to quit help

helpmeeeeeeelol

Hiya everyone,

This is my first post on here so i hope im doing this correctly.
I was just wondering if someone can help, on a shorthold tenancy agreement, do i have to give notice to move out when the tenancy is expiring, my current estate agents are saying i have to give 2 months but there is nothing that i can see in my tenancy stating this.

Any help appreciated

thanks x

clutton_2

the agents are wrong. if you move out on the last day of the fixed term of the agreement - you do not have to give notice of any kind, but, obviously it would be good practice and good manners to tell the agent and the landlord that you are moving.

if you stay one day beyond the fixed term (6 months or 12 months or whatever it says in your agreement) THEN you have to give ONE months notice - which ends on the day before rent day.

Agents/Landlords have to give tenants 2 months notice - tenants have to give landlords/agents one months notice - that is the law - no matter what it says in your agreement.

i am a landlord of 10 y ears standing

helpmeeeeeeelol

thanks very much for your reply, no where in my tenancy does it say anything about me giving notice that i can see, so i was surprised when my agent told me this, i just wanted someone to clarify it. Thanks.

So there is no way at all they can justify making me give 2 months notice?

Thanks

PROFESSIONAL_LANDLORD

None whatsoever.

Jowo_2

helpmeeeeeeelol wrote: »

thanks very much for your reply, no where in my tenancy does it say anything about me giving notice that i can see, so i was surprised when my agent told me this, i just wanted someone to clarify it. Thanks.

So there is no way at all they can justify making me give 2 months notice?

Thanks

The Shelter website has an excellent notice about how to end a tenancy, including a fixed term one which I assume yours is. It is very clear that it requires no notice to end a fixed term notice but recommends communication with the landlord to notify them of your intentions. Quote this back to the letting agent.

The only time when a 2 months notice is required (timed to end with when rent is due so can't be given at any point during the month) is by a landlord to a tenant when they have a periodic tenancy. This is the type that automatically occurs if a fixed term agreement expires, the tenant stays on and no further contracts are signed. A periodic agreement just carries on indefinately until the tenant gives 1 months notice (assuming monthly payment and again has to coincide to expire with the rental payment cycle) or the landlord gives two months.

jadex

clutton wrote: »

the agents are wrong. if you move out on the last day of the fixed term of the agreement - you do not have to give notice of any kind, but, obviously it would be good practice and good manners to tell the agent and the landlord that you are moving.

How it is with the payments?
Say one pays every 15th but six weeks in advance. So on 15th May he paid for July (more or less), on 15th June he paid for August, etc. The last day of contract (AST) is 13th August. Does he need to pay rent on 15th July which actually covers September which is beyond the dates stated in AST? And actually he already paid on 15th June for the whole August but he will have to move out before 13th August.
I believe LL is not entitled to this money (for the part of August starting on 14th) and should return it on request without any delay? And I do believe LL should not expect to be paid at all on 15th July?
Am I correct?

Planner

jadex wrote: »

How it is with the payments?
Say one pays every 15th but six weeks in advance. So on 15th May he paid for July (more or less), on 15th June he paid for August, etc. The last day of contract (AST) is 13th August. Does he need to pay rent on 15th July which actually covers September which is beyond the dates stated in AST? And actually he already paid on 15th June for the whole August but he will have to move out before 13th August.
I believe LL is not entitled to this money (for the part of August starting on 14th) and should return it on request without any delay? And I do believe LL should not expect to be paid at all on 15th July?
Am I correct?

Think you need to clarify.

Was six weeks rent in advanced paid on the first month only or has six weeks been paid on the 15th of every month? I have never heard of such an arrangement if thats the case.

Assuming 6 weeks went was paid in month 1 only, then the 15th July payment will be a part payment only. If six weeks rent has been paid every month, then payment for a six month tenancy should have stop after month 4 with only a part payment due month 5. If it was a 12 month tenancy then payment should have stopped after month 8 with only a part payment in month 9.

Give some additional details and we can comment further.

theartfullodger

Clutton & Professional Landlord are absolutely correct, 1 month notice only needed.

Here is the Shelter advice (Shelter a very fine organisation..)
http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence

Cheers!

Lodger (9 years a Landlord, 1 yr behind Clutton..)

tbs624

OP - if this property is England/Wales then what Clutton has says is right. If in Scotland you have to watch out for the doctrine of TR (tacit relocation) which can mean that your tenancy automatically renews for a further fixed period, if correct notice is not given.

LAs do not have to be regualted, trained or qualified, or even have a modicum of common sense, before setting up in business so never simply take their word for anything.

tbs624

theartfullodger wrote: »

Clutton & Professional Landlord are absolutely correct, 1 month notice only needed.

...but only if the tenancy has become a stat periodic. If still within the FT the T can leave on the expiry date with out notice, as Clutton says.

tbs624

Jadex - less confusing if you start your own thread but is your LL seeking to circumvent tenancy deposit regs through this arrangement? Will any of the rent be offered back on expiry of the agreement?