notice to LL, she is expecting 2 months we want to give 1 month

djkarl

We have been renting a property since 1st of June 2008. We originally signed a 6 month agreement; we were offered another 6 month agreement in December but declined stating we would be happy with a periodic agreement.

One of the clauses in the original agreement is that we would have to give 2 months notice should we wish to move. Here is where it gets tricky.

We want to move, basically to a house that is a bit cheaper and closer to work. I have previously discussed in passing with the LL we may wish to move and she advises that the terms from the original contract are still valid and she would require 2 months notice. I believe this to be incorrect; unfortunately I cannot find anything online that confirms this officially.

My understanding after hours of researching is that now we are on a periodic agreement we are only required to give a notice period of one month.

We've found a house and want to get the ball rolling.

I'm at a loss as to how put this in our notice letter to the LL, explaining we've leaving and only giving one months notice.

superfran_uk

Just say 'we will be leaving in one month on xxx, as per the notice period required'. It's the law, unfortunately for her.

theartfullodger

superfran is right (-ish).

What is in the agreement is very interesting but cannot take away your legal rights which are for one month notice (unless rent is paid, say, every 2 or 3 or 6 months).


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


Also,..
http://www.tenancyagreementservice.c...-agreement.htm

I beg to differ with superfran - notice should expire on LAST or FIRST day of period.. but many tenants & Landlords don't know this...

Assuming tenancy started 1st June 2008 & you pay every 1st month that means notice should expire 31st July or 1st August if giving notice today (about 5 weeks).

The wording: In writing (I suggest you send it recorded-signed-for so there's no arguement about when received) and keep a copy.

"Dear Mr LL

I hereby give you notice to quit for the tenancy signed xx/yy/vvvvv for property ,,,,. I am giving you z weeks notice to expire on nnth zzzzzzzzzzzzly 2009.

Yours etc

Mrs Tenant"

I'd make it a bit more friendly & polite.

I hope your deposit is in a deposit protection scheme???



Cheers!

Lodger

Jowo_2

As per the Artful Lodger, I wish to emphasise that periodic tenancies aren't ended at any point during the tenancy with 1 months notice - the end of the notice period has to be timed with the rental period (i.e. when payment is due). It's not enough to just give a calendar month at any spontaneous date you choose. You need to pay up to the final day when rent is next due so if you time it well, it is purely a month in duration but if you hand it in when the rent has just been paid, it will end up closer to 2 months!

In a periodic tenancy, it is the landlord that has to give 2 months to end it while the tenant can give one.

tbs624

Jowo wrote: »

As per the Artful Lodger, I wish to emphasise that periodic tenancies aren't ended at any point during the tenancy with 1 months notice - the end of the notice period has to be timed with the rental period (i.e. when payment is due).

The payment due date is not always the relevant one for determining the rental period within a stat periodic tenancy . If an original Fixed Term finishes, for example, on the 24th of the month then the "period" within the statutory periodic agreement will run from the 25th to the 24th of the following month. The rent may, or may not, be due on the 25th.

Jowo_2

tbs624 wrote: »

The payment due date is not always the relevant one for determining the rental period within a stat periodic tenancy . If an original Fixed Term finishes, for example, on the 24th of the month then the "period" within the statutory periodic agreement will run from the 25th to the 24th of the following month. The rent may, or may not, be due on the 25th.

Apologies for introducing any confusion as you are correct on this, I just wanted to re-emphasise that it isn't necessarily a month's notice given anytime during the month as many tenants seem to think all they have to do is contact the landlord and tell them they are moving out within the next month. Shelter have produced information that's is much more succinct.

"It is always best to give notice in writing and ensure that the notice ends on the first or last day of the period of a tenancy. For example, if your tenancy is monthly and started on the fifth day of the month, the notice you give the landlord should end on the fourth or the fifth."

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreement

superfran_uk

This is something I didn't know!

Our tenancy runs from 15th - 14th, we pay on the 1st, and we gave our notice on the 5th - glad I didn't know this first or I wouldn't have tried it but no one queried it and we're out next Monday (6th)! Woohoo! We just paid the difference (i.e. 6/31 of our rent) by cheque.

Not suggesting you demand this to be done, but you could try. Our letting agents probably know the rules (they're pretty hot on following the rules in other areas) but they obviously aren't going to make a fuss after years of having good tenants paying rent on time.

djkarl

Yes we play rent on 1st of every month

I plan to give her notice with the us moving out on the 1st of August. This would give a one months notice plus additional up to the end of a rent period.

We have a second viewing on the new house on Friday, I'm not keen on trusting the post that it gets there next day. Colleagues have suggested delivery the notice by hand and getting the land lady to sign something, I'm unsure if she'll be happy with this or not.

We are on quite good terms with this LL, the house has remained up for sale during our rental period, we have allowed viewings to take place and keep the place clean and tidy.

Gorgeous_George

Why don't people read the agreements that they sign?

Notwithstanding any 'law', if the contract says 2 months then I would expect 2 months notice (out of courtesy if nothing else). If this was not acceptable, objections should have been raised at the time (before agreeing the terms of the contract).

I only ask for one month and in practice I'm more flexible than this. However, I expect both parties to read and understand any contract that they sign. That is why they are called contracts - the clue is in the name.

GG

MissMoneypenny

Gorgeous_George wrote: »

Why don't people read the agreements that they sign?

Why don't people check the law before they write contracts? Or pay a solicitor to draw up the contract?

djkarl

I agreeded to the 2 months notice within the period of the contract, knowing we would be staying at the house for at least 6 months.

Now that the orginal contract has ended i have an issue with the 2 months still been valid.

I cannot afford to be paying two rents, and no LL is going to reserve a house for me for 8 weeks+ while i'm serving my notice at my old property.