Leaving before end of 3 months notice

partysis81

Hi, hoping someone can offer some clarity on this.

We started to rent this house in July 2002, with a private landlord, and even though we deal with him directly, he got his solicitor to provide us with a Assured Shorthold Tenancy contract.

Last friday, he visited us and said him and his wife (they are both pensioners with ongoing health issues) couldn't afford to keep the house any longer and need to sell, giving us first refusal, which we do not want to do.
They have said we have until the 20th February next year to move out. 3 months is what is in the agreement for giving notice both ways.

We have now, after a few days of getting the notice, found a potential new house to rent. Without wanting to loose the chance of renting it we are prepared to move asap, but would we still have to pay rent on the current house until 20th feb? I know this would be the case if we had served the 3 month notice, but is it still the same the other way around?

Any help appreciated xx

pmlindyloo

1.Either the T or the LL can decide to bring a tenancy to an end, but notice must be given to the other party.
1a).If the LL decides to end the tenancy they must issue the T with a Section 21 "notice to quit", giving a date on which the LL wants to take possession of the property. Importantly the Section 21 must be issued giving two months notice to the T of this intended possession date. If the tenancy is still in its fixed term, then the Section 21 can be issued at any time during this term, and give two months notice, providing the possession date is not before the end of the fixed term (usually 6 months) of the tenancy. If the tenancy has lapsed beyond the fixed term, and has therefore become a "Statutory Periodic Agreement" (SPA), then the LL must issue the Section 21 with two "clear" months notice of the intended possession date - this means two months notice from the next rent period/payment date.
1b). If the T decides to end the tenancy, then if they are at the end of their fixed-term contract (in Eng/Wales) they may do so without giving the LL specific notice - it is however courteous for the T to confirm with the LL what their intentions are. However if the tenancy has gone beyond the fixed term and become periodic (SPA), the T must give the LL one "clear" months notice - which must line up with the end of the rent period/payment date. For example: If the original fixed term ends on 19th of the month, subsequent periods run on monthly (where rent due monthly in original fixed term agreement) from the 20th to the 19th of future months and the T would need to give notice by the 19th. Giving notice on, say, 28th of March, would mean that T would be bound to pay rent etc until 19th May unless the LL agreed to a pro rata rent payment.
An important point to make is that these are the statutory legal requirements - if the LL and T are able to come to a private mutual agreement about notice that keeps them both happy, then these complex rules do not need to be followed so strictly. However these laws are in place to make sure that each party is treated as fairly as possible by the other, so don’t tolerate landlords who try to impose "unenforceable" terms for notice within their contracts.




I think you have probably read this very useful guide on here.

Just in case - are you in England/Wales or Scotland?

Has your original tenancy agreement been renewed since 2002 or are you on a periodic tenancy?

Mallotum_X

You could always just ask the Landlord, it may well suit them if you left early if they wanted to get the house ready.

partysis81

Hi, we are in England.
The agreement we have from 2002, which is a typed up contract from their solicitors, has never been replaced with another, the only different thing we have had is each time the rent has increased, they have hand written an "amendment" giving the new amount details. Nothing mentioned of an end date or fixed tenancy.

julieb1987

If you never signed a new fixed term then you are on a periodic agreement. You need to give notice of 1 rental period i.e. 1 month in your case if you pay monthly. For example, if your tenancy started on 10th of the month then your notice would take you to 10th December, if it's 1st of the month it would be 1st January.

GDB2222

julieb1987 wrote: »

If you never signed a new fixed term then you are on a periodic agreement. You need to give notice of 1 rental period i.e. 1 month in your case if you pay monthly. For example, if your tenancy started on 10th of the month then your notice would take you to 10th December, if it's 1st of the month it would be 1st January.

But can the tenancy agreement over-ride that by requiring 3 months on either side?

As Mallotum says, ask the LL what he wants.

julieb1987

GDB2222 wrote: »

But can the tenancy agreement over-ride that by requiring 3 months on either side.

Surely only if they were still on the AST? That ran out 9 years ago. They're now on a periodic tenancy so it would be a month wouldn't it?

franklee

partysis81,

When did the fixed term start and finish? It sounds like you are now on a periodic tenancy. If the tenancy agreement did nothing to override it you will be on a statutory periodic tenancy and need to give at least one whole periods notice, typically one month. If the tenancy agreement made a contractual periodic tenancy arise then you go by that.

Note that with a statutory periodic tenancy the terms to end the tenancy are set by statue and not by the tenancy agreement. Housing Act 1988 (section 5: Statutory Periodic Tenancy): (3) (e) "under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy."

So dig up your exact dates and post any terms to do with the tenancy continuing as a periodic tenancy. Is the rent paid monthly? Hopefully you will get more relevant help then.

Also you would be taking a huge risk to leave on the landlord's verbal say so, if you come to an arrangement get it in writing.

GDB2222

I use a standard form of tenancy agreement (drafted by an expert solicitor) that states:

"If the Tenant does not leave at the end of the fixed term, the tenancy will then
continue, still subject to the terms and conditions set out in this agreement,
from month to month from the end of the fixed term until either the Tenant
gives notice that he wishes to end the Agreement as set out in clauses 5 and 6
below, or the Landlord serves on the Tenant a notice under Section 21 of the
Housing Act 1988, or a new form of Agreement is entered into, or this
Agreement is ended by consent or a court order."

Now, that may be baloney, but it's from a very reputable source, and it's likely that other agreements are similar. It makes me think that it is wrong to simply assume that the statutory terms apply.

G_M

1) Check on your tenancy agreement the start date, and the end date (or 'Term' eg 12 months).

2) When this Term or end date passed - did you sign a new Tenancy Agreement? If so, what dates/Term? When did the last tenancy agreement you signed start/end?

3) If the last TA you signed has ended, you now have a 'Statutory Periodic Tenancy.

4) By law, and this over-rides any clause in the original tenancy agreement (solicitor or not!), you/the landlord must give notice as per the information in this post here. Read it.

GDB2222

Oh, I should have said that G_M is usually right about this!