help with a notice period

sauceychoco

Hi, hope someone can give me a bit of advice. I’m renting and my yearly tenancy runs out on the 20/06. I visited the estate agents today to give 1 month notice that I will be moving out on the 20/06. However, I was told that I needed to give 2 full months notice, and that the earliest I could move out is the 20/07.

I thought that as long as I gave notice before the end of the tenancy agreement it would be ok and I’m not sure why I need to give two months, especially as it takes me past my tenancy end date.

I looked over my tenancy agreement and there is no mention of a 2 month notice period. However, I did find a ‘tenants guide’ that said “If you wish to terminate your tenancy then two months written notice must be given in accordance with your tenancy agreement”

Any advice on where I can confirm what the rules are and if the agent is wrong, what level of recourse do I have?

Werdnal

If you leave on or before the last day of your fixed term, you actually do not need to give any notice at all. You simply pay your rent untilt he last day, and hand back the keys before midnight on that day, then disappear into the sunset.

Agents are talking out of their backsides as many do! By giving notice now you have been courteous to let them and LL know of your intentions.

However, if you stay 1 minute past midnight on that last day, you enter into a Statutory Periodic Tenancy (SPT) and have to give 1 month's notice to end that.

grifferz

sauceychoco wrote: »

Hi, hope someone can give me a bit of advice. I’m renting and my yearly tenancy runs out on the 20/06

What type of tenancy is that? Assured Shorthold Tenancy with a fixed period of 12 months?

You need to check and tell us, do this now before writing more posts. No one can help you without the details.

sauceychoco wrote: »

I thought that as long as I gave notice before the end of the tenancy agreement it would be ok and I’m not sure why I need to give two months, especially as it takes me past my tenancy end date.

If this is the end of your fixed period then you don't actually have to give any notice at all. If in fact you are on a Statutory Periodic Tenancy then it is just one month of notice.

But let's find out what sort of tenancy you have.

sauceychoco wrote: »

Any advice on where I can confirm what the rules are and if the agent is wrong, what level of recourse do I have?

IF it turns out that the agent is wrong then you can just carry on regardless, however the landlord may decide to (wrongly) hold on to your deposit, so you'd end up having to dispute that.

Bear in mind that even if the agent is confused, it doesn't really matter because it's the landlord you actually have to deal with. If you annoy the landlord then they might not give you a reference in future as well, and that can happen whether you are in the right or not, sadly. So, it's still in your interest to come to an amicable agreement with your landlord.

sauceychoco

wow, thanks for the quick replies.

So, the extra detail, Its a Assured shorthold tenancy that runs for 12 months. Its actually my second year. The first year was also 12 months with a 6 month break out clause and I then renewed for another year without a break out.

I actually get along well with the landlord and I did tell her on the phone two weeks back but I thought I would be helpful and give notice to the agents, especially as I'm viewing some other properties with the tomorrow. Might just rethink that move.

G_M

Read here for full explanation:

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?)

grifferz

sauceychoco wrote: »

So, the extra detail, Its a Assured shorthold tenancy that runs for 12 months.

Great, so the agents are mistaken and you do not need to give any notice. You just have to be out and keys handed back before the end of the last day of your agreement.

If you want to end things on good terms with the landlord then what I would do is write to them and reiterate that:

• You don't intend to renew your fixed term
• Your last day will be $WHATEVER
• Agent seems to be confused and thinks you need to give 2 months of notice, but you know this isn't the case within the fixed term of an AST

And close by asking them to confirm in writing that is all understood.

Get free proof of postage from the post office.

That way there should be no misunderstandings!

sauceychoco

Thanks for all the help and good advice. New letter being typed up now and will be in the post (recorded) tomorrow.

grifferz

sauceychoco wrote: »

Thanks for all the help and good advice. New letter being typed up now and will be in the post (recorded) tomorrow.

As G_M's link states, you are advised not to use recorded delivery because the recipient can refuse to sign for it and then it would not have been delivered. Just use a free proof of postage.

Yorkie1

Just to double check your dates - did your tenancy start on 21st June 2012, or 20th June 2012?