Inbetween contracts and notice period.

martynh99

We have been renting the current property for 6 months and almost 4 weeks now.
The initial rental was 6 months with a 1 month notice period, we have been offered a 12 month contract with a 2 month notice period - thats all that was on offer.
It's taken the EA some time to send out the contracts so we're effectively out of contract at the moment.

We've now had an offer accepted on a property we're now buying so are looking to serve notice.
Now as we've not signed the new contract (nor has the landlord) but the EA has continued taking the monthly rent and is due to take another payment tomorrow, do the terms of the existing contract still apply until both parties sign the new contract i.e. are we still on a 1 month notice period ?

N79

The terms of your current contract apply except for notice. You now have a periodic tenancy and need to give 1 months notice to end on the last day of a rental period. If tomorrow is 7 months exactly since the tenancy started then giving notice tomorrow will allow you to leave the day before 9 months.

Eg if tenancy started on the 21st September then notice issued by you tomorrow would end the tenancy on the 20th June. Notice issued by you today would end the tenancy on the 20th May (but only if received by the LL today).

Fire_Fox

You are not out of contract you are only out of the fixed term - as N97 says you are on a periodic tenancy. If you sign the new AST you will be bound to remain for twelve months unless there is a break clause. In law a tenant only has to serve ONE month notice to quit and this cannot be overridden by any unfair or unenforceable clause the letting agent may choose to insert.

martynh99

Thanks firefox/n79 , the new contract that we haven't signed does include a 2 month break clause but as I say we haven't signed.

The contract start date was the 29th of Sept so expired 28th March - so am I right in saying that if we give notice on or before 28th Apr our last day would be 28th May ?

Firefox - you mentioned that 'In law a tenant only has to serve ONE month notice to quit ' - do you have anything on the web to direct me to that 'officially' states this , whilst I believe you obviously if I have some official doc to refer to this will help me with the EA if they get funny.

martynh99

Don't worry, found it

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreement#1