Ending a Tenancy/Not in Contract

swk2000

Hey Everyone,

Hope you can help.

I moved into a house share on the 12th of October 2011. In my contract it states that I was contracted for 3 Months, until 12th of January. After that it was a rolling contract.

I want to move out before the end of this Months rent, so within 2 days. And it is understandable that the Landlord is unhappy with such short notice. However, I have read and reread the Contract I signed and at no point does it state how much notice I had to give. The only section remotely close states:
"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 1 months written notice stating that the Landlord requires possession of the Premises"
Which, to me, is in regards to the landlord giving notice to the Tenant, not the other way round.

On: Direct.gov under DG_189123

It states: "Your tenancy agreement should say how much notice you need to give your landlord before you leave the property. If there is nothing in the tenancy agreement about ending your tenancy, you may not have to give any notice."

However, my Landlord is now stating he will keep half of my deposit due to short notice...

In all honesty, I don't care about the money, but its a matter of principle. Who is right in this matter? Can anyone advise?

jjlandlord

[Assuming AST (ie. landlord does not live at the property) in England or Wales]

(Assuming contract commonly worded) you have a statutory periodic tenancy (SPT) since the 12th January.

So if you pay rent monthly you must give 1 month notice expiring on the last day of a monthly tenancy period, ie. on the 11th of the month.

Note also that any clause related to termination that could be in your agreement no longer apply to the SPT.

The Directgov page you quote is mostly wrong, so I would ignore it completely.

dimbo61

Why did you take a 3 months tenacy agreement ? I was under the impression that an AST had to be at least 6 months ?
Now did the landlord protect the deposit ? have you got a receipt for the deposit and rent or proof of paying Bank statements ?

Kynthia

I don't think ASTs have to be a minimum of six months, just that you can't issue a section 21 to expire less than six months into a tenancy.

If you are outside of the fixed period of the AST you are on a statutory periodic tenancy. To end this you need to give at least one month notice ending on the last day of a rental period. So if your contract was from 12th Oct to 11th Jan you need to give notice in writing on or before 12th April to end the tenancy on 11th May. You must pay rent up until then.

However if you and your landlord can agree on an earlier date and amount then that's fine but get it in writing that your liability to pay rent ends on the agreed date.

Werdnal

dimbo61 wrote: »

Why did you take a 3 months tenacy agreement ? I was under the impression that an AST had to be at least 6 months ?

An AST can be for any term up to 3 years. The 6 month term applies to the required period before a LL can approach the courts for a possession order. Whilst a 6 month tenancy is more usual, 3 months is fine if both parties agree.

G_M

Kynthia wrote: »

I don't think ASTs have to be a minimum of six months, just that you can't issue a section 21 to expire less than six months into a tenancy.

Correct. An AST can be of any length up to 3 years. The reason ASTs of less than 6 months are rare is

1) it is uneconomic and inconvenient for landlords to have rapid/frequent turn-over of tenants and

2) legislation makes it impossible for a LL to commence action to remove a tenant wihin the first 6 months - so whilst the tenant can leave after 3 months (in a 3 month AST) the LL cannot gaim possession if the tenant does not leave.

swk2000

Thanks everyone for all your help it's never seemed the most Legit of places to live so didn't know if he was maybe taking me for granted.

I'll speak to him tomorrow, make sure he's happy with the payment, and be on my way to a better place!

Thanks again all

jjlandlord

Werdnal wrote: »

An AST can be for any term up to 3 years.

G_M wrote: »

Correct. An AST can be of any length up to 3 years.

ASTs can be more than 3 years. It's just that if they are they must be in writing and by deed.