Tenancy Renewal - Two months or One month notice?

info_maniac

Hi there, Its that time of the year again for me. My tenancy contract is about to be renewed. This will be my third renewal.

Each year, in the tenancy contract the notice period is two months (from either side), however I have noticed that most people have the notice period as One month only (both in the original/initial tenancy contract and the renewals).

I want the notice period to be brought down to one month, so that I need to move I can find a new house/flat and move within a month. Two month notice is a very long time and it is difficult to find houses/flats which are available after two months of "let agreed" date.

I have spoke to the landlord (who is very helpful), and they have spoken to the letting agents who say that the standard notice period is two months. So the landlords are sticking to what the agent is saying.

I know that the agents are lying. A two months notice us unfair - Is there anything in the contract law (or any other law) which says that a two month notice period is unlawful?

Also, the tenancy renewal fee has risen from the initial £40+VAT to £70+VAT which I think also is absurd and unfair.

Can someone help me with this?

Jowo_2

Don't sign the contract then - tell the agent/landlord that you are happy with a periodic tenancy which means they are obliged to give you 2 month's notice to end it, while the tenant gives one (with the notice timed to expire with the rental period).

Many fixed term contracts don't have any notice periods in them anyway.

ceh209

One thing I learnt pretty quickly on this board is that, even if it's in the contract, doesn't mean you always have to do it!

Two months notice is one of those situations - agents may like to put it in, but there's nothing in housing law which says you have to do it. In fact at the end of a fixed term you don't have to give any notice at all (although it's polite to). Outside of a fixed term you have to give them one months notice, they have to give you two.

Someone else may be able to quote the relevant housing act??

Cissi

If you want the flexibility of being able to move quickly then as Jowo said you'd be better off not signing the renewal and moving to a periodic tenancy, which will automatically give you a notice period of one month. Of course the LL is then able to give you 2 months' notice, but he's unlikely to do that as long as you're paying your rent and generally being a good tenant.

N79

ceh209 wrote: »

Someone else may be able to quote the relevant housing act??

The two months rule for LLs comes from the Housing Act 1988 (the S21 provision).

The 1 month rule for Ts (actually the rule is that a T's notice should be equivalent to at least one complete rental period) is not from the housing acts but is a basic rule of common law tenancies which predate statutory and regulated tenancies. Since the housing acts are silent on Ts notice periods, the common law tenancy rules are assumed to apply.

tbs624

If the Fixed Term contract has a break clause in it then that *may* state two months notice is required from either party. If no break clause, a T can simply leave at the end of the Fixed Term without notice ( unless Scotland & tacit relocation applies to contract) but LL has to give two months notice that repossession is required at the end of the Fixed Term if s/he wants T to leave(if T stays put LL has to go to court to enforce). It's courteous however to let your LL know of your intentions and tends to mean that deposit returns /references are sorted with the min fuss.

If the Fixed Term expires,and T remains without signing up for new Fixed Term , the tenancy continues as Statutory Periodic Agreement until brought to end by appropriately served S21 Notice/court action.

Some LLs will be happy to continue under a Stat Periodic but others prefer to go with a new Fixed Term, with a new tenant if necessary. You could tell the LL that (a) you're happy to sign up for a new Fixed Term but do not want to pay an exorbitant "renewals fee" or (b) you'd prefer to continue under a Stat Periodic.

Both you and he have to weigh up the costs involved - for you it's the costs of possibly having to move, be re-referenced, new set of admin/credit check fees etc, and for the LL its the potential void period plus exchanging a known reliable T for a new unknown one who may stop paying the rent a couple of months down the line. Negotiate.

franklee

It's not entirely clear what your contracts say, it reads to me like it's possible either side can give two months notice at any time. If so then going into a statutory periodic tenancy doesn't make you any less secure than you were before as the landlord still has to give you two months notice.

I'd ask to stay on a statutory periodic tenancy and save the £70+VAT for you and possibly a similar fee for the landlord. It's unlikely your landlord would object unless the agent kicks up, but a few examples where this was refused for the flimsiest of reasons are in these threads:

https://forums.moneysavingexpert.com/discussion/2438703
https://forums.moneysavingexpert.com/discussion/2038469

Finally don't stay on a statutory periodic tenancy if you have been served a section 21 notice unless you can get them to withdraw it in writing (as the S21 means you've had your two months notice and aren't entitled to more).