where do i stand???????

XxDonnaxX_2

hi all hope someone will be able to help me, i have spoken to my landlord today as i wanted to give her my notice to move out of the property. She then said i have to give 2 months notice, i was under the assumption that it was just 1 months notice. I have an assured shorthold tenancy which expired in november and never got renewed and my rent is due the 23rd of every month so i am now covered until the 23rd march, so now im thinking that its just classed as a rolling contract. It doesen't even state in my tenancy agreement about any notice period

I already have a place in line to move into and my new landlord is wondering what i am doing.

Im really confused on this 1 as i dont know where i stand. I dont know if she is doing it out of spite, or if infact she is right.

Thank you to anyone who can help.

x

SnowWhiterThanWhite

XxDonnaxX wrote: »

hi all hope someone will be able to help me, i have spoken to my landlord today as i wanted to give her my notice to move out of the property. She then said i have to give 2 months notice, i was under the assumption that it was just 1 months notice. I have an assured shorthold tenancy which expired in november and never got renewed and my rent is due the 23rd of every month so i am now covered until the 23rd march, so now im thinking that its just classed as a rolling contract. It doesen't even state in my tenancy agreement about any notice period

I already have a place in line to move into and my new landlord is wondering what i am doing.

Im really confused on this 1 as i dont know where i stand. I dont know if she is doing it out of spite, or if infact she is right.

Thank you to anyone who can help.

x

Hi,

I just googled AST and here goes:
How do Assured Shothold Tenancies End?

Most tenancies end naturally, i.e. by the tenant giving the landlord notice that he/she wants to leave.
There's no problem here because, although most landlords are reluctant to see good tenants leave, providing they give written notice and they are at the end of their fixed-term tenancy, they are perfectly entitled to do this.
However, sometimes, for various reasons, the landlord wants his tenant/s to leave. The landlord cannot end a tenancy during the fixed-term unless the tenant is seriously breaching the terms of the tenancy. He can however terminate the tenancy after the end of the fixed-term, when the tenancy has entered a periodic phase - a contractual or a statutory perodic tenancy.
Tenancies enter a statutory periodic phase (the most common one) when the fixed-term ends and the landlord allows the tenancy to continue without asking the tenant to formally renew.
If the rent is paid monthly, then the tenancy becomes a monthly statutory periodic tenancy. Here the tenant can leave with one month's notice or the landlord can seek possession with 2 months' notice.


Unfortunately, looks like the landlord can request 2 months notice?
Haven't checked to see if this is legal, maybe call Citizens Advice, I'm sure they get this all the time


HTH

XxDonnaxX_2

hi thanx for reply, ive spoken to the citizens advice and they have said it is usually 1 months notice. Whats getting me with the landlord is that she has said its in the agreement, its not in mine and i have the orignal copy of it. I dont want it to turn nasty or anything like that

x

Sagz_2

SnowWhiterThanWhite wrote: »

Hi,
If the rent is paid monthly, then the tenancy becomes a monthly statutory periodic tenancy. Here the tenant can leave with one month's notice or the landlord can seek possession with 2 months' notice.


Unfortunately, looks like the landlord can request 2 months notice?
Haven't checked to see if this is legal, maybe call Citizens Advice, I'm sure they get this all the time

I read the above to mean that OP can give 1 months notice but the landlord has to give 2.

Agree that CAB is a good move - hope you get it all sorted soon x

Sagz_2

Oops, sorry I was too slow!

How about taking your agreement to CAB and asking them to check it?

XxDonnaxX_2

i would but cant get out at the mo, as my daughter has chicken pox. I did read that i had an AST to the lady who i spoke to and she said it should just be a month

clutton_2

i am a LL of 10 years standing... once you are into the Statutory Periodic Tenancy (after the end of the fixed term) then tenants must give one months notice and landlords 2 months.. HOWEVER, the tenants notice must end at the end of the rent period.. if you had wanted to leave on 23rd MArch, you would have had to give notice on 24th February

Your current situation is that you cannot now give a full months notice until 24th March, meaning that you are responsible for rent until 23rd April.....

you could try to negotiate with the LL to see if he will allow an early surrender, but he is not forced to do this.. you will need his good will, so dont go in all guns blazing....

XxDonnaxX_2

Thank you very much, now i know where i stand. So if i give her my notice on the 24th of march, i will only have to give her the 1 month instead of 2

Yorkie1

You have to give 1 month's notice, but it also has to end at the end of a rental period.

So if your rental period runs from 24th - 23rd of the month, you can give notice any time from now up to 24th March (unless you need to leave a few extra days before then for the notice to be served / received), but it will have to run out on 23rd April.

I think.

Fire_Fox

If the OP's rent is due on the 23rd February then surely their notice will expire on the 22nd March? Where does the 24th come into the equation?

XxDonnaxX_2

Im paid up until the 23rd of march at the moment, so if i was to pay april's rent when would i have to give my notice?