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Landlord served notice, can I now serve notice on him?

Jimby509
Posts: 118 Forumite


Our Landlord, after telling us we could have the property until November with no price increase, decided to serve notice on us last week. We have the two months notice and have to be out early July.
After a bit of panic (we have two children under the age of 3) we have found another rental and the whole situation seems to be turning positive as we have been accepted subject to references/checks.
However I wish to serve him notice as we can move into the rental property asap. I understand that by law I have to give notice.
Our current contract is an 'Assured Shorthold Tenancy Agreement' that ran out last year and turned into a 'Periodic tenancy agreement'... Regarding serving notice it says....
'To end this agreement two months written notice will need to be given by either party. Such notice may be given from the fourth month or any time after and must be given in conjunction with the rental due dates. If no notice is recived this aggreement will automaticaly become a periodic tenancy agreement upon its renewal date and all the conditions as set out above will remain in force.'
I don't want to have to pay for Junes rent in the house we currently live in and in the new property? We want to move out at the end of may. But does the wording in the agreement mean we still have to give two months notice (we have to be out by early July anyway)?
Any answer much appreciated, J
After a bit of panic (we have two children under the age of 3) we have found another rental and the whole situation seems to be turning positive as we have been accepted subject to references/checks.
However I wish to serve him notice as we can move into the rental property asap. I understand that by law I have to give notice.
Our current contract is an 'Assured Shorthold Tenancy Agreement' that ran out last year and turned into a 'Periodic tenancy agreement'... Regarding serving notice it says....
'To end this agreement two months written notice will need to be given by either party. Such notice may be given from the fourth month or any time after and must be given in conjunction with the rental due dates. If no notice is recived this aggreement will automaticaly become a periodic tenancy agreement upon its renewal date and all the conditions as set out above will remain in force.'
I don't want to have to pay for Junes rent in the house we currently live in and in the new property? We want to move out at the end of may. But does the wording in the agreement mean we still have to give two months notice (we have to be out by early July anyway)?
Any answer much appreciated, J
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Comments
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It depends on the dates, if he's given you 2 months' notice and you get to give 1 month's notice - then you can give him notice if you've enough time. What date did your original AST start/end? Many LLs would give notice at the last minute, giving you no chance of giving your 1 month's notice in.0
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The two months notice clause you quote appears to be a break clause.
It sounds like the landlord has served you a Sec 21. This does not remove your obligation to give a NTQ should you decide to end your tenancy.Well life is harsh, hug me don't reject me.0 -
thanks chaps.
If i want to serve notice on him i have to do it before the 4th may as this is the rent due date and contract started on the 4th of the month may 2011.
i am trying to understand the wording as i understood as the tenant i only need to give one months notice. after reading the contract it seems to say i need to give two full months. i really don't want to have to pay for two houses for the month of June.
j0 -
You can always talk to your LL, it may be in his interest to get you out sooner, so he might agree to just one month notice on those grounds...0
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The law as I understand it overrides your tenancy agreement, you only need to give one months notice which must be prior to the 4th.It's someone else's fault.0
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Once your fixed term ended you moved onto a statutory periodic tenancy. Statue states that you only need to give one whole tenancy period as notice. Your tenancy periods began the day after your fixed term ended, so can you confirm what date your fixed term ended? If it ended on 3rd September, then your tenancy periods are the 4th to the 3rd of the following month and you must give notice before the 4th to leave on the 3rd.Don't listen to me, I'm no expert!0
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Thanks for all of your replies.
I called the Landlord who served us notice and he was very polite and friendly and ensured he would give us 'glowing' references as we had been such good tenants. He also agreed it was okay for us to leave giving one months notice.
I wrote to him formaly the next day giving notice. This was before our final months rent was due.
At the moment everything is going to plan. Though we have not discussed the deposit.
Interestingly, I spoke to a friend who is a solicitor who did some research. The contract we signed was incorrect, it stated we had to give the landlord 2 months notice, this is not legaly binding even though it was signed as it is against the Housing Act.0 -
The post below explains in full what notice you have to give. It over-rides any dodgy clause in the tenancy agreement.
However, you can over-ride ANY notice requirements provided both you and the LL agree. As you seem to have a good relationship, and as you both seem to want to end the tenancy, a friendly agreement is best.
But get it confirmed in writing just to be sure.
Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)0 -
Thanks for all of your replies.
I called the Landlord who served us notice and he was very polite and friendly and ensured he would give us 'glowing' references as we had been such good tenants. He also agreed it was okay for us to leave giving one months notice.
I wrote to him formaly the next day giving notice. This was before our final months rent was due.
At the moment everything is going to plan. Though we have not discussed the deposit.
Interestingly, I spoke to a friend who is a solicitor who did some research. The contract we signed was incorrect, it stated we had to give the landlord 2 months notice, this is not legaly binding even though it was signed as it is against the Housing Act.
However, once a Fixed term ends, no new FT has been signed up and the T remains in situ then by law (Housing Act 1988) a Statutory Periodic Tenancy automatically arises. It is true that the terms of the preceding Fixed Term will apply, but it is *except* for clauses on "determination", ie how and when either party may bring the tenancy to an end. Two months due from the LL and one from the T, in alignment with the tenancy period dates unless agreed otherwise.0
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