Quick Question re:giving notice to leave AST

factor29

hi all, quick question

We had a phone call yesterday from LA saying the LL was selling the house we are renting.

Weve only being here 3 months :mad: and were planning on staying a while until we could afford to buy somewhere.

They said that the LL daughter may be buying the property, and weren't telling us we needed to be out at the end of the AST, more to be prepared for being served notice in the next 6 months. and we could stay on a rolling contract until this happened.

So...

We are looking at moving as soon as after AST ends on 29th June, as we want to be settled - after only just getting settled here.

Ive looked at tenancy agreement and it says we have to give two months notice to leave the property. So we have to know before the 29th of this month if we want to leave on 29th June. Is this correct - i thought it had to be 1 month, or that if we really wished we could leave on the day without giving notice (although wouldnt)

If it is correct, I assume we could give notice to leave on 28th July anytime before and upto 28th June (1 months notice after AST has finished)
Is this correct? Once ast ends, the minimum notice required is a month?

Just want to be sure so we can explore our options.

Thanks in advance:beer:

franklee

Yeah you can leave at the end of the fixed term, in theory without giving notice, but in practise best to give enough so as to arrange the checkout and key handover so there can be no doubt you left on time. If you stay even one second past the end of the fixed term then the rules for a periodic tenancy apply. That is you give one months notice that needs to end at the end of a period.

As for them giving you notice, check to see if you have been given a Section 21 Notice requiring possession. You may have been given one earlier on and not noticed.

Did you ask how long the property was to be available before you took it? If not add that to your list of questions to ask about a new landlord's circumstances and plans for the property. Also worth checking to see if the next property is advertised for sale as well as rent and avoid those for sale. Nowt you can do if a landlord changes his mind three months in thou.

lizzielondon

Ive looked at tenancy agreement and it says we have to give two months notice to leave the property -doesn't matter what it says it's wrong

So we have to know before the 29th of this month if we want to leave on 29th June. Is this correct - i thought it had to be 1 month-would be if the fixed term had ended

or that if we really wished we could leave on the day without giving notice (although wouldnt)-correct- although as you say polite to give notice

If it is correct, I assume we could give notice to leave on 28th July anytime before and upto 28th June (1 months notice after AST has finished)
Is this correct? Once ast ends, the minimum notice required is a month?- yes, to coincide with the rental period

Fire_Fox

factor29 wrote: »

We are looking at moving as soon as after AST ends on 29th June, as we want to be settled - after only just getting settled here.

Ive looked at tenancy agreement and it says we have to give two months notice to leave the property. So we have to know before the 29th of this month if we want to leave on 29th June. Is this correct - i thought it had to be 1 month, or that if we really wished we could leave on the day without giving notice (although wouldnt)

If it is correct, I assume we could give notice to leave on 28th July anytime before and upto 28th June (1 months notice after AST has finished)
Is this correct? Once ast ends, the minimum notice required is a month?

Just want to be sure so we can explore our options.

Thanks in advance:beer:

Tenants do not need to give ANY notice if they leave on the last day of the tenancy, and only ONE months coinciding with a rent period at any other time. However 28th to 28th or 29th to 29th is one month and one day, not one month! Explanation of the legal position if your landlord or letting agent gets difficult:
http://www.landlordzone.co.uk/notice_to_quit.htm

factor29

franklee wrote: »

Yeah you can leave at the end of the fixed term, in theory without giving notice, but in practise best to give enough so as to arrange the checkout and key handover so there can be no doubt you left on time. If you stay even one second past the end of the fixed term then the rules for a periodic tenancy apply. That is you give one months notice that needs to end at the end of a period.

As for them giving you notice, check to see if you have been given a Section 21 Notice requiring possession. You may have been given one earlier on and not noticed.

Did you ask how long the property was to be available before you took it? If not add that to your list of questions to ask about a new landlord's circumstances and plans for the property. Also worth checking to see if the next property is advertised for sale as well as rent and avoid those for sale. Nowt you can do if a landlord changes his mind three months in thou.

No we've not had a S21 - we were actually told when we moved in they were looking for long term let, as previous tenants moved out at the end of their 6 month ast. we didnt specifically ask, it just cropped up but we will definitely ask next time!

lizzielondon wrote: »

Ive looked at tenancy agreement and it says we have to give two months notice to leave the property -doesn't matter what it says it's wrong

Do you mean doesnt matter after the ast or during?

Fire_Fox wrote: »

Tenants do not need to give ANY notice if they leave on the last day of the tenancy, and only ONE months coinciding with a rent period at any other time. However 28th to 28th or 29th to 29th is one month and one day, not one month! Explanation of the legal position if your landlord or letting agent gets difficult:
http://www.landlordzone.co.uk/notice_to_quit.htm

Thanks for the link although it doesn't state about during the ast? For example the ast ends on the 29th June.
The tenancy agreement says 2 months notice should be given.
Is the tenancy agreement wrong and we can actually give 1 months notice on the 28th May to end on the 28th June.

Yep know about the dates ill watch out for that!

lizzielondon

you don't have to give 2 months notice during the fixed term see above

you have to give one months during a periodic tenancy- ll has to give you 2 months in the form of a section 21- both during the fixed tenancy (earliest they can ask you to leave is the end of the fixed term) and during the periodic tenancy

if they haven't issued you with a s21 you don't have to leave

factor29

lizzielondon wrote: »

you don't have to give 2 months notice during the fixed term see above

you have to give one months during a periodic tenancy- ll has to give you 2 months in the form of a section 21- both during the fixed tenancy (earliest they can ask you to leave is the end of the fixed term) and during the periodic tenancy

if they haven't issued you with a s21 you don't have to leave

Thanks - yes no notice given but then we cant settle down knowing that the notice could land on doorstep at any time...

Is there anywhere, or any rules that state the LA cant make us give more than one months notice to quit during a fixed term agreement? Just in case we need to make reference to it?

Thanks

lizzielondon

the housing act- eating dinner doing 17 things at once lol

lizzielondon

if you think they're going to be difficult about you giving one month's notice maybe check off a few things:

is the deposit in a scheme?
was there a dual signed check in inventory?
ask for a check out inventory
take lots of photos when you leave

factor29

lizzielondon wrote: »

the housing act- eating dinner doing 17 things at once lol

Sorry enjoy your dinner first lol!

lizzielondon wrote: »

if you think they're going to be difficult about you giving one month's notice maybe check off a few things:

is the deposit in a scheme?
was there a dual signed check in inventory?
ask for a check out inventory
take lots of photos when you leave

yes its in a scheme, there is an inventory, will be asking for check out and will remember to take photos. however i dont think this part will be the problem, it will be arguing the two months required notice? will have to find somewhere else we want first anyway it might not even be a problem.

To be honest the current LA have being 100 x better than previous LA at old address (except the time when they changed our utility supplier a month in without telling us :rotfl:)
And then out of the blue we get told this:eek:

lizzielondon

well if it were me i would give my months notice and if they question it let them know that you're sure that one month is required. You could always say that CAB has advised you one month is correct since this is what they will say- or you could actually get CAB to tell you lol

the reason i asked about the deposit is if they stick to their guns saying you need to give two months notice they may try to say they are taking one months rent from the deposit (a friend of mine was threatened with this- although they didn't attempt it because they knew they were in the wrong)- if the dispute went to the scheme over this you should make sure you have proof of delivery of your one months notice before/on the correct date