Landlord states he requires months notice from me to leave property?

chant1l

The ast IS a contract with a start and an expiry date, if you stay beyond the expiry you are in fact making it a periodic agreement. If you don't there is no agreement, as it has ended. There is no requirement upon you to inform the landlord AT ALL if you are leaving at the end of a stipulated period. He will now trip you up over condition of the property...take pictures of everything that may arise as a query and do everything in writing from hereon in.
Explain your position to the agent and take out a small claim (will cost you £30)

hearts

If the lease is correctly done it will state that either party can end the tenancy at the end of the 6 months or monthly thereafter giving 1 MONTHS notice.
As has been said a SAT rolls over and as I say asuming its correcly written which Im pretty sure it will be it will say about the 1 months notice.

What has been said above by GG sums it up perfectly. How would you have felt if he turned up on the 28th and thru you out on the street. Or told you 2 weeks before that you were out on the 28th.
You owe the money. Pay it.

zoezoe_3

Just to clear up a few issues.

If the tenant stays beyond the initial AST epriod - in this case 6 months, then yes it will become a periodic and one months notice is required.

BUT if the tenant wishes to leave on the last day then they can do so without it becoming periodic.

Further to that the deposit can only be held to cover actual loss and not for a punishment. So the LL is wrong on two counts.

Try explaining to him that the law is on your side and then decide whether or not you want to claim via the small claims court.

Zoe

zoezoe_3

hearts wrote:

If the lease is correctly done it will state that either party can end the tenancy at the end of the 6 months or monthly thereafter giving 1 MONTHS notice.

Which means

(either party can end the tenancy at the end of the 6 months) OR (monthly thereafter giving 1 MONTHS notice)

no notice is required by the tenant to end the tenancy at the 6 months period.

zebulon

hearts wrote:

What has been said above by GG sums it up perfectly. How would you have felt if he turned up on the 28th and thru you out on the street. Or told you 2 weeks before that you were out on the 28th.

very angry i guess - because it says LL need to give 1 month notice but nothing mentionned about tenant's notice ...
well that's how I understood it from earlier post.

I must say though that it would never cross my mind to send a 2 weeks notice only - I'm the kind to do almost 2 months when only one is requested. As a LL I would be quite annoyed though ... but I would have make sure that my agreement was good.

Anyway I would think that if he finds new tenant quickly he will just forget about this deposit thing...but of course I can be too naive sometimes!

scrummy_mummy_2

hearts wrote:

If the lease is correctly done it will state that either party can end the tenancy at the end of the 6 months or monthly thereafter giving 1 MONTHS notice.
As has been said a SAT rolls over and as I say asuming its correcly written which Im pretty sure it will be it will say about the 1 months notice.

Law: A LL is required to give 2 months' (prescribed) notice. This notice cannot expire before the end of fixed term if it is a fixed term AST, and must be at least 2 periods if it is a periodic agreement.
The Tenant cannot give notice during the fixed period as they have agreed to rent the property for that period. After that, if the tenancy lapses to a periodic, the tenant must give at least one period (a month if it is month to month) notice.
What has been said above by GG sums it up perfectly. How would you have felt if he turned up on the 28th and thru you out on the street. Or told you 2 weeks before that you were out on the 28th.


You owe the money. Pay it.

The poster certainly does not owe the money. If you rent a car from Monday to Friday, both parties SHOULD be aware that the AGREEMENT is that the car will be returned on Friday! and that it is being rented for 5 days inclusive.
IF Avis fails to contact you to check you are actually going to deliver it back to the rental yard on Friday, THEY DON'T THEN EXPECT YOU TO PAY FOR THE FOLLOWING WEEK when it is actually returned on the Friday just because you didn't double confirm with them!
The LL has been slack....

zebulon

So Ilikewatchingtv,

You were supposed to move today...how did it go? Hope you had time for picture etc to show you left the property in good order and clean (well i hope )

I just would like to quote something from the shelter website, which repeat info from posters here. But I think it just sum up nicely.

Voila,
*******************
If you have a periodic tenancy, you have to give one month's notice in writing (or longer if you pay your rent less often). The notice should end on the day that your rent is due. Once the notice ends your tenancy ends and you no longer have any right to live in your home.

If you have a fixed term tenancy you will only be able to give notice during the fixed term if your tenancy agreement says it is allowed. The length of notice you have to give depends on what your tenancy agreement says. It is possible to leave on the day your tenancy ends without giving any notice, but it is best to do so if you can, especially if you have paid a deposit and need it back.
*******************

"especially if you have paid a deposit and need it back" - which does not mean LL can keep some beacause there was no notice but that he might try! (ie you have to go to small claim - or he'll be a pain with the inventory check-out thingy)

chant1l

"How would you have felt if he turned up on the 28th and thru you out on the street. Or told you 2 weeks before that you were out on the 28th."

At this juncture you could call the police and have the landlord arrested for illegal possession and harrassment.

The law is on your side, not the landlord.

Gorgeous_George

If the LL is wrong in this case, it would seem that LLs has two choices.

1) Insist that a new tenancy is agreed and signed at least two months before the tenacy ends.

2) Serve a form S21 for repossession two months before the tenancy ends.

Anything else would leave him with his trousers around his ankles - so to speak.



GG

ilikewatchingtv

zebulon wrote:

very angry i guess - because it says LL need to give 1 month notice but nothing mentionned about tenant's notice ...
well that's how I understood it from earlier post.

What is actually stated in the tenancy agreement is
"The landlord may bring the tenancy to an end at any time before the expiry of the term by giving to the tenant not less than 2 months written notice stating that the Landlord requires possesion of the premises"

I take this to mean that the landlord can terminate the agreement before the 6 months has passed, but as there's there's no mention of the tenant, the tenant cannot terminate before the 6 months is up.

I know this thread has made it look a bit like I'm a fairly unthoughtful person, dumping this on my landlord at short notice, but to be honest I only decided to move 2-3 weeks ago, when I recieved an unexpected offer of a similair property from a friend who has moved abroad, and I was unable to contact the landlord any earlier as his office was unstaffed due to staff sickness.

Many thanks for all the advice though guys :-)