Giving Notice

LAM2011

hi

how much notice should you give if you dont have a tenancy agreement?

Lived in the property one year - chased for agreement for the first two months and then realised it wasnt going to happen. Now ready to move out. Also if I give one months notice can LL say get out now?

MegaMiniMouse

Just move whenever you are ready!

And stop paying rent immediately...

If you have already secured your new place to live, then your existing landlord can do you no harm

MMM

G_M

MegaMiniMouse wrote: »

Just move whenever you are ready!

And stop paying rent immediately...

If you have already secured your new place to live, then your existing landlord can do you no harm

MMM

Poor advice, with no basis in law.

You HAVE a contract - it is just not written down. By paying rent, and receiving a place to live in return, a contract is formed.

If a verbal Fixed Term was agreed (ie 12 months/whatever) then at the end of that agreed Fixed Term you can simply move out. The problem is, of course, that without written evidence (or witneses?) it is your word against the other person's that the agreement was a 12 month Fixed Term.

Failing this, it is a Statutory Periodic tenancy. Assuming you pay monthly, then the 'period' is a month. The tenant then needs to give a month's notice, coinciding with the rental period (so if you moved in on 3rd of month, your month's Notice runs from 3rd of month to 2nd of next month.

Failing to give appropriate notice can result in loss of deposit and/or a county court claim for rent arrears.

edit: in giving the above advice I ignore other issues (some of which might be related/relevant) which can follow when no written contract exists eg have you received notification of the LL's address for the serving of Notices?

ps - no, if you give notice LL canNOT make you 'get out now'. You can only be asked to leave on receipt from the LL of two months notice (coinciding.......)

LAM2011

Thanks G_M. Was intending giving 4 weeks notice (although not calendar month - will do that now though as pay monthly). LL does not hold deposit and there was no discussion of how long (property through a friend of a friend - I know - lesson learnt) . I chased for a while and then realised he was doing this for his own benefit too. Got to the point where we need to move and have now bought somewhere so prepared to give notice but have animals and extended family to consider and dont want to be told - well fine go then and get out now! Wasnt sure what rights I would have. Thanks again.

MegaMiniMouse

This is clearly an entirely casual/informal arrangement, which has suited both parties very well. There is really no need to look for legal issues where none exist...

MMM

G_M

MMM is right that you could agree any date to move out if you talk it through with the LL. But it must be mutual agreement. In an informal arrangement (indeed often in formal ones too) mutual consent is fine.

However it is as well to understand your legal rights/responsibilities, in case agreement cannot be reached, so you were wise to pose the question.

although not calendar month - will do that now though as pay monthly

please note the calander month must align with the rental period.