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End of tenancy notice

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Dear all,
We are on a short term assured tenancy agreement. The contract expires on 31 Oct 2011. not sure if the landlady wants to come back before Christmas. Does she need to give us a 2 month notice if she wants us to leave? Since our contract expires on 31 Oct, is it like a notice in itself? Please help me understand!

Thanks,
Tulipz
«1

Comments

  • hi tulip if your tenency is due to end say a 6 month one you should automatically switch to a month by month contract if they wish you to leave they have to give you 2 months notice
  • tulipz
    tulipz Posts: 194 Forumite
    Can the landlord come on 28oct and say - our agreement want till 31Oct. You have to move out.

    Is this valid/legal ?
  • Gwhiz
    Gwhiz Posts: 2,322 Forumite
    Part of the Furniture Combo Breaker
    If you stay in the property one minute beyond the agreement expiry date then you are automatically on a monthly rolling contract where the LL has to give 2 months notice.

    Theoretically the LL could give you 3 days notice but 1) there is no way that would give you time to move (assuming you tried) so you would fall into the situation above and 2) the LL would be mental to do this if she really does want you out at the end of the contract as she should give you plenty of time to do so if she wants to move back.

    Best bet is to talk to each other rather than guessing - unless you want to keep quiet and hope she makes a mistake IF you believe she will want you out and you do no want to go. Of course that could all end with a bitter taste all round.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Gwhiz wrote: »
    ... Theoretically the LL could give you 3 days notice but 1) there is no way that would give you time to move (assuming you tried) so you would fall into the situation above and 2) the LL would be mental to do this if she really does want you out at the end of the contract as she should give you plenty of time to do so if she wants to move back.
    Not the case. The Landlord must always give 2 months notice - by means of a Section 21 notice - even at the end of the Assured period of the tenancy [although Landlords can issue a Section 21 notice near the start of the tenancy to expire at the end of the Assured period]. Only the tenant has the luxury of moving out without notice.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Gwhiz
    Gwhiz Posts: 2,322 Forumite
    Part of the Furniture Combo Breaker
    Not the case. The Landlord must always give 2 months notice - by means of a Section 21 notice - even at the end of the Assured period of the tenancy [although Landlords can issue a Section 21 notice near the start of the tenancy to expire at the end of the Assured period]. Only the tenant has the luxury of moving out without notice.

    If the LL served the Section 21 at the beginning of the tenancy, like some do, then what?
  • chappers
    chappers Posts: 2,988 Forumite
    If she wants you to leave at the end of the contract then she must give you two months notice before the 31st of August ie tomorrow .
  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Gwhiz wrote: »
    If the LL served the Section 21 at the beginning of the tenancy, like some do, then what?
    Then you can leave on the last day of the tenancy or you can stay and wait for further action to be taken. The notice just has to be given 2 months or more before the end of the tenancy. It can be given 6 months before and still be valid.
    :footie:
    :p Regular savers earn 6% interest (HSBC, First Direct, M&S) :p Loans cost 2.9% per year (Nationwide) = FREE money. :p
  • tulipz
    tulipz Posts: 194 Forumite
    To clarify, we were NOT issued a notice until now.
  • chappers
    chappers Posts: 2,988 Forumite
    If she has already given you two months notice then you must leave at the end of the fixed term , but equally she cannot get you to leave before then.
  • OP needs to tell us if the premises are in:
    a. England & Wales; or
    b. Scotland.
This discussion has been closed.
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