Help! Minimum notice needed to be served

SGE1

Hi all, here's my predicament in a nutshell, would appreciate advice.

12 month tenancy agreement expired on 15 August.

My understanding is that thereafter, the agreement reverts to a monthly rolling contract - does anything need to be signed for this? My understanding is that we would need to give 1 month's notice should we now wish to leave; the landlord would need to give 2 months if he wanted us out.

We're hoping to exchange on a property within the next 10 days - but didn't want to hand in notice until we were sure the sale would go ahead (and until we could negotiate a suitable completion date).

The landlord now says he wants us to leave asap, and wants to give us a month's notice (rather than the 2 I thought was the minimum).

Questions:

Can he give us only a month's notice from today? He tried to backdate the month's notice to 15 August (so in practice only 2 weeks notice from today, to 15 Sept), but I put my foot down as that really does sound wrong. What's the protocol on post-tenancy agreement monthly running contracts, and serving notice?

If he gives us 2 months, but it turns out we want to leave sooner (e.g. within 6 weeks), can we wait 2 weeks and serve our 1 month's notice and only pay rent for that period of time?

Thanks for any advice!

Soot2006

You have to give him one month notice (usually in line with rent day)
He has to give you two months notice -- he can't get out of this unless you come to an amicable agreement.

neas

I believe it has to fall on a rent day though... so try and keep things friendly imo.

SGE1

Thanks. Sorry, what has to fall on a rent day - the notice? I.e. I have to give one month's notice on the 15th (when the tenancy agreement expired) of a month? And does that apply to him, can he give 2 months notice mid-month like this?

I'm trying to keep things civil, but he's a nutter. We've been picture perfect tenants for 4 years now, all payments on time and no fuss, but he's gunning to get us out - not exactly sure why.

Soot2006

Basically if you serve today TODAY (1st September), then your last month in property would be 15th September to 14th October. If LL served notice TODAY then you would be leaving 14th November ... AFAIK these are your statutory rights under housing legislation -- if you want to leave or the LL wants you to leave on any other day, then you can come to an agreement between you ... but obvs neither party has to agree if they don't want to.

SGE1

Thanks. So technically, whether I serve notice today or on the 14th Sept, the leave date would be the same (14th Oct)?

I've just spoken to him and he now claims that there was a binding verbal agreement between us - he would let me stay a month (so 15th Aug to 14 Sept) after which I would leave. I never agreed to leave after this, and certainly never said anything to that effect, and none of this is in writing - is any of it legally enforcable?

Soot2006

is any of it legally enforcable?

Nah ... He needs a court order to *MAKE* you leave anyway ... and that he can get only after serving correct notice, notice period expiring & you still being in flat. Basically, serve your notice, pay your rent on time as due ... leave on 14th October and not a minute earlier/later.

SGE1

Again, thanks.

I've been looking online for official documents I can use - have found a guide for tenants on the communities and local government website - http://www.communities.gov.uk/documents/housing/pdf/138289.pdf, and am copying out the relevant paragraphs into a letter to him.

But there's no mention of needing to give a month's notice from rent day, rather than just any day. Anywhere I can find details about this on the web?

N79

Just to clarify the rent due day is not relevent for notices, the tenancy period is. While these may coincide they often do not.

In your case the tenancy period runs from the 16th or one month to the 15th of the following month so your LL should give at least two months notice ending on the 15th of a month.

SGE1

And one last clarification - if the landlord serves full notice today - meaning notice would expire on 15th November - can I still hand in my 1 month's notice if I want to leave earlier than that?

N79

SGE1 wrote: »

And one last clarification - if the landlord serves full notice today - meaning notice would expire on 15th November - can I still hand in my 1 month's notice if I want to leave earlier than that?

Yes - you could serve notice up to or on the 15th September to leave on the 15th October. Just to be clear as there is some confusion in the thread. These dates are correct if the 15th August was the last day of the fixed period and not the first day of the first period of the periodic tenancy (ie assuming you moved in on the 16th August 2008). If this is not true just adjust the dates by one day in the appropriate direction.