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

thegumqueen

Hi there; another piggybacker here...

I am hoping to move out at the end of July. My rent is paid monthly on the 1st of each month. However, my tenancy started on the 20th June 2008.

I was on an AST for six months from 20th June, and the tenancy agreement notes state that either T or LL should give 2 months notice following the end of the fixed term, but I see that the statutory minimum notice period is 1 month.

So I understand that only one months notice is required from my end, but my question is: when I give my notice this week (e.g. on 30 June), does the minimum statutory period apply to the whole month of July (and I end the tenancy on 31 July), or would the minimum statutory period apply from 20 July to 19th August.

I am sorry if this has already been answered, but I couldn't quite find a definitive answer to what the period of my now periodic tenancy actually is!

The 1st of the month (when I pay rent)?, or
the 20th of the month (day I originally signed tenancy agreement)?

Thanks
Sarah.

Cissi

thegumqueen wrote: »

So I understand that only one months notice is required from my end, but my question is: when I give my notice this week (e.g. on 30 June), does the minimum statutory period apply to the whole month of July (and I end the tenancy on 31 July), or would the minimum statutory period apply from 20 July to 19th August.

I am sorry if this has already been answered, but I couldn't quite find a definitive answer to what the period of my now periodic tenancy actually is!

The 1st of the month (when I pay rent)?, or
the 20th of the month (day I originally signed tenancy agreement)?

Thanks
Sarah.

As I understand it, you need to give notice by the 19th of one month, for the 19th of the following month. I think you'll have to calculate your rent due on August 1st pro rata, ie 19/31ths of what you normally pay.

poppysocks1

I have exactly the same problem - tenancy started on 22nd but rent paid on the 1st. Contract says 8 weeks notice but housing association says 28 days - so all very confusing!! I have actually decided to contact the agent re this as it is so unclear, and although i feel that it should be 1 months notice as AST as well, I did sign a contract that says 8 weeks notice so need this to be discussed, and also want to know if i can give the notice part way through month or if it should 22nd (contract start date) or 1st (rent payment date)......

djkarl

My tenancy started on the 1st of the month and i also pay my rent on the 1st of the month. I hand delivered the letter as i need to make sure my notice covered a full rent period and i dont trust the postal service to make sure it got there before the 1st.

I'm filling in the tennant application form for the new place, it looks like a company called HomeLet will be doing the referencing for the estate agent. It asks for details of current Land Lord.

I didnt want to lie on the form so me and my girlfriend have put the details of our the LL who is disputing our notice period, i'm concerned as to what she might say when they contact her.

My girlfriend suggested i send a polite text to the LL advising she may be contacted and asking her to be fair, i'm struggling with this

silvercar

"I have been asked to supply your contact details for a homelet reference. Whereas I know you are unhappy that I am only legally required to give one months notice, I trust that our previous good relationship will ensure an accurate reference."

djkarl

I ended up sending

"I have been asked to supply your contact details for a homelet reference. Whereas I know you are unhappy that I have given only one months notice, I trust that our previous good relationship will ensure an accurate reference."

I wish I had been more firm she just texted me "I have an estate agent booked in at 1.30 tomorrow. He wont be taking photos just details. I will be dropping a letter off later re notice period"

Again i dont want to create problems, but she really should be asking my permission not just merely stating she wants access tomorrow :rolleyes:

djkarl

Ok, she has delivered her letter, I’ve typed up the relevant sections below. She appears to be tying herself in knots in the first paragraph and surely the last sentence is utter rubbish?

I have today consulted with my solicitor who agrees that it is two months as per the contract which you signed last year. I am enclosing a copy of the page covering the termination of the contract, incase you do not have your contract to hand. 7.1, 7.2 and 7.3 state very clearly the terms under which the contract may be terminated. 7.1 states that the landlord or tenant may terminate the tenancy by giving not less than two months written notice, such notice not to expire earlier than the end of the fixed term of the tenancy and 7.2 explains very clearly that if you want to leave the property at the end of the six month period, you must give notice on the forth month of tenancy.

If no such notice is given by either party then the contract continues under the same terms and conditions. The contract does not expire at the end of the six months if no notice is given.

barnaby-bear

djkarl wrote: »

Ok, she has delivered her letter, I’ve typed up the relevant sections below. She appears to be tying herself in knots in the first paragraph and surely the last sentence is utter rubbish?

I have today consulted with my solicitor who agrees that it is two months as per the contract which you signed last year. I am enclosing a copy of the page covering the termination of the contract, incase you do not have your contract to hand. 7.1, 7.2 and 7.3 state very clearly the terms under which the contract may be terminated. 7.1 states that the landlord or tenant may terminate the tenancy by giving not less than two months written notice, such notice not to expire earlier than the end of the fixed term of the tenancy and 7.2 explains very clearly that if you want to leave the property at the end of the six month period, you must give notice on the forth month of tenancy.

If no such notice is given by either party then the contract continues under the same terms and conditions. The contract does not expire at the end of the six months if no notice is given.

Most ASTs will say something about fixed term.... if no notice given then the fixed AST goes to a periodic with the one month.... if you moved in June 2008 then your deposit should be protected in a TDS and you should have been given details - the LL will not be able to deduct the rent. I would guess the above is a bluff as getting advice from a solicitor would usually take a bit more time. Many solicitors know little on housing law and a bit bizarre to be quoting the "forth" month notice (i.e. within the fixed term) when you are beyond the 6 months and the orginal scope of the AST.... you don't have to allow prospective tenants viewings so in doing so you are co-operating and helping her....

franklee

djkarl wrote: »

I have today consulted with my solicitor who agrees that it is two months as per the contract which you signed last year. I am enclosing a copy of the page covering the termination of the contract, incase you do not have your contract to hand. 7.1, 7.2 and 7.3 state very clearly the terms under which the contract may be terminated. 7.1 states that the landlord or tenant may terminate the tenancy by giving not less than two months written notice, such notice not to expire earlier than the end of the fixed term of the tenancy and 7.2 explains very clearly that if you want to leave the property at the end of the six month period, you must give notice on the forth month of tenancy.

Irrelevant now you are past the end of the fixed term.

djkarl wrote: »

If no such notice is given by either party then the contract continues under the same terms and conditions. The contract does not expire at the end of the six months if no notice is given.

... except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.

franklee

Point her to Section 5 (3) (e) of the Housing Act 1988:

http://www.opsi.gov.uk/Acts/acts1988/ukpga_19880050_en_2

(2) If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of—

(a) an order of the court, or

(b) a surrender or other action on the part of the tenant,

then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.

(3) The periodic tenancy referred to in subsection (2) above is one—

(a) taking effect in possession immediately on the coming to an end of the fixed term tenancy;

(b) deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;

(c) under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;

(d) under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and

(e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.