notice period

mark474732

Hi there you experts!

we intend to move rented accomodation.
we are out of our 6mth AST agreement. (in month 10)
Our contract states two months notice.
The letting agents are trying to get us to pay this.
Everyone else (including more reputable agents) says this is not the case and that if you pay monthly and are not in a fixed term then one month is all that is required, and even if its in the contract its not enforcable.(which is what i thought from the start)
Can you give me some solid facts to go back to them with.?

N79

You need to give 1 months notice to end on the last day of a rental period. Simply give this notice and move - the LL will have to persue for the rent they allege you owe and will be laughed out of court. (Assuming your deposit is protected).

Jowo_2

When a fixed term of a tenancy agreement ends and the tenants remain in the property, it automatically becomes a periodic tenancy which requires the tenants to give one month, or the landlord to give 2 months notice, to end when the rental period ends.

"
Can I give the landlord notice and if so, how much?

If your agreement is periodic (ie rolling from week to week or month to month), you normally have to give at least four weeks' notice to end it, or a calendar month if you have a monthly tenancy. The only exceptions to this are:

• If your landlord agrees to accept a shorter notice period (see above) or agrees that someone else can take your place (see below).
• If you are an excluded occupier, in which case the amount of notice you have to give will depend on whether you have a tenancy or license agreement. Working out whether you have a tenancy or license can be quite complicated, especially if you don't have a written agreement. Get in touch with an adviser to check your rights if you can't agree a date that both you and your landlord are happy with. Use our directory to find a local advice centre.
• If you pay rent less frequently than monthly (every three months, for example). If this is the case, you have to give notice equivalent to a rental period.

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

prudryden

If periodic - then one month notice is all that is required. If there was a Memorandum to the original contract showing a new 6 month tendancy with new dates and stating that the original conditions still apply - then 2 months notice as per original agreement would be valid.

mark474732

prudryden wrote: »

If periodic - then one month notice is all that is required. If there was a Memorandum to the original contract showing a new 6 month tendancy with new dates and stating that the original conditions still apply - then 2 months notice as per original agreement would be valid.

thanks this has put my mind at rest!
amazing what some companies will try to get away with if they can!