Help with landlady

Caseymoo

Hi everyone this is only my second post on this forum.

I am 19 and moved into my flat 5 months and 2 weeks a go and signed a fixed term agreement for 6 months. I have found a property I can move into in the next 10 days and my current landlady is saying she needs 4 weeks notice? Im sorry but I thought if it was a fixed term agreement then when the contract ends as long as we don't leave even a day after then we can leave without any notice and I have given her 2 weeks, which is better than nothing I suppose.

Does anyone have any previous experience with this?

Thank You in advance

BLT_2

Caseymoo wrote: »

Hi everyone this is only my second post on this forum.

I am 19 and moved into my flat 5 months and 2 weeks a go and signed a fixed term agreement for 6 months. I have found a property I can move into in the next 10 days and my current landlady is saying she needs 4 weeks notice? Im sorry but I thought if it was a fixed term agreement then when the contract ends as long as we don't leave even a day after then we can leave without any notice and I have given her 2 weeks, which is better than nothing I suppose.

Does anyone have any previous experience with this?

Thank You in advance

There is no catch all answer to this, the notice required depends upon the terms and conditions of your contract.

If you sign up for a 6 month contract, then following the end of this period, if no new contract is signed up to the contract becomes periodic, rolling on from month to month.

I would be surprised if the contract didn't include a months notice clause, this is to give the owner time to find an alternative client.

Put the shoe on the other foot, would you be happy to be told by the landlord that they wanted you out the next day? The notice period is there to protect both parties - you can't have your cake and eat it

Caseymoo

BLT wrote: »

There is no catch all answer to this, the notice required depends upon the terms and conditions of your contract.

If you sign up for a 6 month contract, then following the end of this period, if no new contract is signed up to the contract becomes periodic, rolling on from month to month.

I would be surprised if the contract didn't include a months notice clause, this is to give the owner time to find an alternative client.

Put the shoe on the other foot, would you be happy to be told by the landlord that they wanted you out the next day? The notice period is there to protect both parties - you can't have your cake and eat it

There isn't anything in the contract about notice periods and i've looked online on the England shelter website and legally I am right. I totally understand what you are saying about putting the shoe on the pther foot but I do not want to carry on my contract or renew it etc as a lot of promises have been made and sadly not executed.

here is the link for the England shelter website
http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_fixed_term_agreement

BLT_2

Caseymoo wrote: »

There isn't anything in the contract about notice periods and i've looked online on the England shelter website and legally I am right. I totally understand what you are saying about putting the shoe on the pther foot but I do not want to carry on my contract or renew it etc as a lot of promises have been made and sadly not executed.

here is the link for the England shelter website
http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_fixed_term_agreement

I would suspect then if there is nothing in the contract about notice periods, and this is only for a 6 month assured tenancy then she doesn't have a leg to stand on. I assume this is a private tenancy and not one which has been arranged through one of the better known letting agents.

Caseymoo

BLT wrote: »

I would suspect then if there is nothing in the contract about notice periods, and this is only for a 6 month assured tenancy then she doesn't have a leg to stand on. I assume this is a private tenancy and not one which has been arranged through one of the better known letting agents.

Hi yes it is just private and not through any agency or anything, I don't want it to end bad (got a feeling it might) but she hasn't been the best of landlords in terms of repairs etc. I am the sort of person that feels guilty about everything, but the property we have found is just too good of a deal to let pass to be honest and I can't afford to be paying rent on 2.

Thanks for your replies

BLT_2

Caseymoo wrote: »

Hi yes it is just private and not through any agency or anything, I don't want it to end bad (got a feeling it might) but she hasn't been the best of landlords in terms of repairs etc. I am the sort of person that feels guilty about everything, but the property we have found is just too good of a deal to let pass to be honest and I can't afford to be paying rent on 2.

Thanks for your replies

Your main issue then should be how you get your deposit back and where you can get the references from as she will no doubt refuse to give you a good one and will doubtless say you vacated the property with no notice,

That's always going to be a block for any prospective tenant.

Caseymoo

BLT wrote: »

Your main issue then should be how you get your deposit back and where you can get the references from as she will no doubt refuse to give you a good one and will doubtless say you vacated the property with no notice,

That's always going to be a block for any prospective tenant.

The deposit is protected in a tenancy deposit scheme and the landlord on the new property has asked for references (neither did she)so im not too worried about that.

On the new property there is no deposit either as I have agreed to provide my own carpets in 2 of the rooms, to be honest I just can't wait to move now. I want my deposit back, of course I do but I don't need it straight away if this needs to be taken further, although I am sure the protection service will abide by the laws and give me it back

Caseymoo

Caseymoo wrote: »

The deposit is protected in a tenancy deposit scheme and the landlord on the new property has asked for references (neither did she)so im not too worried about that.


Sorry, hasnt asked for a reference

prosaver

She should of asked you if you want a new contract on the 5th month so its half her fault ...so half of 4 weeks notice is 2 weeks .....problem solved

N79

Caseymoo wrote: »

Hi everyone this is only my second post on this forum.

I am 19 and moved into my flat 5 months and 2 weeks a go and signed a fixed term agreement for 6 months. I have found a property I can move into in the next 10 days and my current landlady is saying she needs 4 weeks notice? Im sorry but I thought if it was a fixed term agreement then when the contract ends as long as we don't leave even a day after then we can leave without any notice and I have given her 2 weeks, which is better than nothing I suppose.

Does anyone have any previous experience with this?

Thank You in advance

Provided your tenancy is an AST for a property located in England or Wales then your understanding is quite correct. Make sure that you do not overstay by so much as a minute though clearly you are already aware of the need to leave on the last day of the fixed period.

Stick to your guns!

tbs624

BLT wrote: »

I would be surprised if the contract didn't include a months notice clause, this is to give the owner time to find an alternative client. .

Put the shoe on the other foot, would you be happy to be told by the landlord that they wanted you out the next day? The notice period is there to protect both parties - you can't have your cake and eat it

Whilst it is courteous of a T to give notice to the LL, if they are within their Fixed Term they do *not* have to. (Eng/Wales - doctrine of tacit relocation etc affects notice rules in Scotland)

Look at this one the other way - many LLs routinely serve a s21 notice on their Ts. T has no way of knowing whether LL will act on it, proceeding to court at FT expiry.