Fixed Term AST - Advice required

diverseinvestor

I'm currently renting a flat with a Fixed Term AST (1 year). The contract has just expired and I now wish to move out. 3 weeks ago I rang my landlord and informed him I would be sending him a letter confirming I was giving notice. He was adamant that I had to give 8 weeks notice, but the only reference I could find in my contract was that the property had to be made available for viewings for the last 8 weeks on the term.

From a legal standpoint is he right, or do i need to give the statutory 1 month's notice?

Unfortunately in my notice letter I made reference to the 8 weeks notice and I'm now fearful that I've shot myself in the foot...

Any advice would be greatly appreciated (NB: I've contact the CAB).

Gwhiz

Once your AST ends it automatically reverts to a rolling monthly contract so you only need t give notice if you want to move out. Once on the rolling contract you need to give one months notice. Although verbal should be OK it is always best to do so in writing, ideally recorded delivery, for proof reasons. Did you actually give notice be letter?

Blacksheep1979

If you've said you're giving him 8 weeks notice then yes, you're probably screwed but if not then you only have to give a minimum of 1 month up until when the day rent would be due.

theartfullodger

Doesn't matter if you've given 8 weeks notice, the law (as long as the rent is paid weekly or monthly- if longer notice period is longer) say you need give 1 month BUT the notice to expire on the first or last day of the tenancy period .

So, you are now on a rolling contract & if rent is due on, say 4th of month for the following month then the notice must expire on 3rd (last) or 4th (first) of the month at least a month away. i.e. if giving notice today, on 3rd or 4th August.

The Landlord may not know this. He, by the way, has to give 2 months notice.

Here is the Shelter advice (Shelter a very fine organisation..)
http://england.shelter.org.uk/get_ad...ncy_or_licence

Make sure notice is in writing & sent recorded-signed-for.

Cheers!

Lodger
Cheers!

Lodger (A Landlord)

tbs624

Gwhiz wrote: »

Once your AST ends it automatically reverts to a rolling monthly contract ..

Doesn't "revert" - revert means goes back/returns to something it was beforehand, and in this casethe tenancy moves on to a statutory periodic agreement.

Gwhiz wrote: »

Once on the rolling contract you need to give one months notice. Although verbal should be OK it is always best to do so in writing, ideally recorded delivery, for proof reasons. Did you actually give notice be letter?

Verbal is not OK - notice should *always* be given in writing.

The tenancy period runs from the expiry of the original FT: it does not always line up with rent payment dates, although the frequency of the rent payments determines how much notice should be given.

silvercar

If you are moving out at the end of the fixed term you don't need to give any notice, though it would be considerate to do so.