Maximum Notice Period I Can Give?

GotFever

Hi All,

Just found this forum after searching for an answer to my question. I'm just trying to find out the maximum period of notice I can give to leave my rented flat.

Story is this:

I rented a flat for a year that is about to come to an end on 06/08/13. I've been asked to sign a further year contract which I don't want to do but do want to stay for two extra months. I was advised by the letting agent that I could give an extended notice period of two months at the end of my tenancy which would guarantee that I could stay in the flat until 06/10/13 which is when I intend to leave.

The problem is that the landord/letting agent is hassling me to sign another contract and I'm worried that they'll give me notice to leave before I can give my extended notice in a couple of weeks. If I was to give notice today stating that I wish to leave in October (two and a half months) could the landlord just reject it and issue his own notice for me to leave in 30 days?

I hope this makes sense?

Thanks in advance

mrginge

Notice period from LL is two rental periods. Ie if you pay rent monthly then that is two months notice.

Ignore the LA, go periodic and give your own (one rental period) notice when you are ready

nomoneytoday

AFAIK they have to give you 2 months notice, and you give them one (after the initial term)

GotFever

Ah, so if he was to give me notice to leave when my contract ends in August it would run until October anyway?

ValHaller

If your tenancy periods are regular months beginning the 7th and ending the 6th, it is too late for the LL or LA to give you 2 months notice commencing any earlier than 6th August. Unless you leave now, your AST will become Statutory Periodic and it is too late for the LL or LA to prevent that.

The LL must give 2 months' notice, you must give 1. So you are safe till 6th October at least. If you want to leave on 6th October, give your own notice. And don't sign another agreement - that will just complicate things.

Guest101

Just to clarify, if your rental date is the 10th?

Anyway they must give 2 clear rental periods notice, so if your rent is due 23rd (for example) and they gave notice today, you would have until 23rd september.

At that point you could still refuse, and they would have to go to court, which would be 6 weeks or so.

GotFever

Guys, you've been a huge help.

Very much appreciated. Looks like I can stop worrying.

Werdnal

Most of the above is correct BUT the landlolrd can issue the 2 months notice at any time during the fixed term., so long as expiry is after the FT ends. So if your agreement does not expire until 6.8.13, and you do not discuss your options to allow the tenancy to become a Statutory Period Tenancy (SPT), the LL/agent could feasibly issue you notice tomorrow - with 2 month's expiry to 23 September, and apply to court the day it expires. Whilst is is true that the court application will probably take another 4 weeks on top of the notice period, don't just sit back and ignore this - speak to someone (agent or preferably LL direct if you can) and discuss it, explain you will be leaving in October and want the tenancy to run to an SPT and you will give the required month's notice when the time comes. Communication is the key, rather than sticking you head in the sand and awaiting the LL to start the eviction process when there is no need if you explain the situation and are going to leave anyway.

Why are you leaving in Oct? Is this date set in stone or could it vary/slip a little?