sudden notice by landlord

watchingmymoney

Hi
I was hoping I could get some help about a notice to quit
.
My landlord just (an hour ago at 6pm) emailed me a notice to vacate the flat. He has give me a month from today (to vacate by 13 February). He does not give a reason, just says "due to certain circumstances". I have been his tenant since May 2007, never in arrears, quiet, and very clean. He has visited the flat on multiple occassions and never complaind of anything. From April 2010 until this month (Jan 2011) he was rebuilding the office space below the flat I occupy and has converted it into a separate new flat and a smaller retail office space. I did complain a couple of times about the level of dust (I had to live with friends for 6 weeks as the builders did not put up dust sheets and my flat was covered in dust) and smell (I was made violently ill by paint fumes coming up for a couple of weeks and actually complained to the council as the builders were not ventilating at all. The landlord was contacted by the council and I'm sure that is why he is kicking me out.)

I am on a monthly periodic tenancy and have been since May 2009. I pay rent the 25th of every month (direct debit). Am I correct that the landlord is required to give me 2 months notice effective from the day before I normally pay rent (i.e., from 24 January so that I would leave by 24 March)?

Thank you for your help.

tamarto

Yes you are right, and he has to do it in a particular way an s21 otherwise it isn't valid and he would get no where via the court.

watchingmymoney

@tamarto: Thank you!

adg1

You're correct.

Wee_Willy_Harris

And he can't even do that if he hasn't placed your deposit in a government recognised tenancy deposit protection scheme and given you the required information.

tamarto

Wee_Willy_Harris wrote: »

And he can't even do that if he hasn't placed your deposit in a government recognised tenancy deposit protection scheme and given you the required information.

If in England.

Edited to add: and Wales. oops ty RAS

RAS

WMM

Assuming you are in England or Wales, which scheme is your deposit registered with?

watchingmymoney

@RAS: I am in England (London) and my deposit was registered with DPS (the deposit protection service).
I actually just realized I pay on the 26th so I should be out by 25 March (which, as it is a Friday, much easier).
thank you all for your advice!

watchingmymoney

I just reviewed the initial contract (AST for one year) which had a 6 month break clause (again the only contracts I signed expired in May 2008 and then again in May 2009) and it says that the break clause can be invoked by providing a minimum of one months writetn notice (such notice to expire on the last day of a rental period of the tenancy).
Does this mean that
1) I'm still considered to be on an periodic tenancy since i've paid rent monthly since the contract expired
2) that the landlord can revert back to the original contract and only give me 1 months notice, not the 2 one would get with a periodic tenancy? I thought law overrode any contracts

Help!!!

N79

Your tenancy is clearly periodic. You LL must give at least 2 months notice ending on the last day of a rental period (if you post the start and end dates of the signed tenancies then the correct dates can be calculated - when you pay your rent is irrelevent). The break clause was invalidated the moment a periodic tenancy arose. (S5 (5) e of the housing act 1988 as amended).

On another point, the LL's notice must be in writing (S21 housing act 1988 as amended) so an email notice is not worth the paper it isn't printed on!

tamarto

1 Yes you are.
2 No he can't.