Question about ending tenancy.

Duskylady

Hi,

Hoping for a view on this. I currently have an AST agreement on the house I have been living in for 5 years. The first 2 years were a fixed term and since then it has become periodic.

We are currently in the process of buying and went to check my notice period the other day and it says this

"It is hereby agreed and declared that if the tenant is desirous of determining this agreement and of such desire gives to the landlords not less than 2 months notice in writing and pays all rent and performs and observes all the agreements and conditions herein contained and on his part to be performed and observed up to such determination then immediately after the expiration of the said notice this agreement shall cease and be void but without prejudice to any claims by either party against the other in respect of any antecedent breach of any agreement or condition herein contained."

I am interpreting this as being 2 months notice is required to end my tenancy.

My question is is there anything in this which would mean the notice would have any relation to my rent date? I know the standard for an AST is that you have a full months notice after the next rent payment date.

However this makes no mention of the rent date in regards to notice.

I have great landlords and want to honour what I have signed but if I can give notice midway through a month and make a pro rata payment for the next part of a month then this would obviously save me some money.

Btw I know I should have fully understood to when I signed. I am a lot older and wiser than I was 5 years ago when it was all excitement. I don't want to let my landlords know I'm moving just yet so can't ask them.

dimbo61

You only need to by law give one calender months notice from the day you started your tenancy.
So if you started your tenancy on the 18 July 2008 you need to give notice on the 17th of the month

Yorkie1

That's not quite accurate - if you give notice on the 17th, it won't be deemed served until the 19th (assuming notice given by post and all are business days), which takes you into the next tenancy period so the notice doesn't expire for practically two months.

You must give one month's notice, to end at the end of a tenancy period. So if your original tenancy agreement started on 18 July 2008, your notice must be deemed served by the 17 of a month in order to expire on the 17 of the following month. You can give the notice at any time during a tenancy period - it does not have to be served exactly one tenancy period earlier.

See G_M's post:
http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6

G_M

Thanks Yorkie!

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?)

Duskylady

Does the contract not override this though. If I've signed up to 2 months surely I need to give 2 months notice.

Sorry if this is a daft question

Kynthia

No, statue overrides the contract. I'm assuming you now are in a statutory periodic tenancy rather than a contractual one.

G_M

Duskylady wrote: »

Does the contract not override this though. If I've signed up to 2 months surely I need to give 2 months notice.

Sorry if this is a daft question

Not a daft question, but no - the law over-rules a contract.

The contract might say you have to clean the roof tiles once a year....but you don't! (structure of building is landlord's responsibility - whatever the contract says).

tim123456789

Yorkie1 wrote: »

That's not quite accurate - if you give notice on the 17th, it won't be deemed served until the 19th (assuming notice given by post and all are business days),

Where did anyone say that the notice was served by post

I gave my LA notice yesterday

IK walked into their office and handed them a piece of paper. It was damned well served yesterday!

tim

Tjrw1985

Good luck with that Tim.

Get ready for "What piece of paper?"

thesaint

Just because a letter is served by hand, doesn't mean that it was deemed to be served that day.
A letter served before 4.30pm on a Thursday, would be deemed served that day, but a letter served at 4.45pm on a Friday wouldn't be deemed served until the following Monday.

Tjrw1985 wrote: »

Good luck with that Tim.

Get ready for "What piece of paper?"

Same could be said about anything hand delivered.

tim123456789

thesaint wrote: »

Just because a letter is served by hand, doesn't mean that it was deemed to be served that day.
A letter served before 4.30pm on a Thursday, would be deemed served that day, but a letter served at 4.45pm on a Friday wouldn't be deemed served until the following Monday.

and where do you get that little snippet from,