two months leaving notice problem

galastur

Hello,

I have a quick question. I have written to my landlord my notice of leaving, the tenancy agreement reads:

"4.5 The Tenant agrees to give the Landlord not less than two month's written notice before vacating the Premises, even when leaving at the end of the fixed Term ,the two months notice can be served at any time throughout the tenancy agreement."

We moved into this property over 3 years ago, on the 30th of the month, but I have given the notice yesterday, thus I stated that i will be leaving on the 10th of August.

And this is the landlord (or shall i say, the person that acts on behalf of the landlord):

"No it is not the notice has to be served on the rent calendar date which is the 30th as your rent is due on that date ask any solicitor or look on the website for serving notices"

I am not a native speaker but the tenancy agreement states that:
"the two months notice can be served at any time throughout the tenancy agreement", so am I right in thinking that I can vacate on the 10ht of august? or is the landlord correct? thus I have to wait till the 30 of this month to give the two months notice?

Many thanks

agrinnall

Can you confirm what country you are in, England/Wales or Scotland (or possibly NI)?

galastur

England, and we have a:

ASSURED SHORTHOLD TENANCY AGREEMENT for residential accommodation furnished and unfurnished

Thanks

G_M

galastur wrote: »

Hello,

We moved into this property over 3 years ago, on the 30th of the month, but I have given the notice yesterday, thus I stated that i will be leaving on the 10th of August.

1) Scotland? England?
2) What was the original fixed term? 6 months? 12? ....?
3) When it ended, did you sign a new fixed term? On what date? For how long?

galastur

It was first for 12 months fixed term, after those 12 months fixed term, we signed another tenancy agreement, in order to be able to vacate the property at any time by just given the two months notice, the dispute is that he is saying that the two months notice has to be given on the 29th of a month, and my understanding is that i simply need to give 2 months notice at any time, thus I do not need to wait till the 29th of June to give the 2 months notice

TERM A term of 12 months from the Commencement Date.

COMMENCEMENT DATE 29th June 2011 to the 28th June 2012

And on the NOTES section it states:

4.5 The Tenant agrees to give the Landlord not less than two month's written notice before vacating the Premises, even when leaving at the end of the fixed Term ,the two months notice can be served at any time throughout the tenancy agreement.

Thanks

samroo

A tenant needs to give one full month's notice of a tenancy period. You do not have to wait for the actual date to give notice, but the notice period must cover a whole tenancy period.

From the dates you have given, your tenancy period runs from the 29th of one month to the 28th of the next.

As you have given notice on the 10 June, your tenancy will expire on 28 July. If you wish to leave on 10 August, you will still be liable for all tenancy costs (rent, etc) until the 28 August.

I hope this helps

galastur

Thanks Samroo!

I must say that I am totally confused, as the tenancy agreement that we signed does not mentioned anything remotely similar to what you have just explained...The only reference on that document is point 4.5 which I have already published in previous posts.

Does this mean that there is some other known rule on this matter or that my English is so poor that I don't understand: two months notice serve at any time?

Thanks

Sparx

Basically, you are not obliged to give 2 months notice just because it is written in your contract. The standard requirement for a tenant is to at least give 1 month's notice if you are on an AST agreement outside of the fixed term.

So technically you should be allowed to give 1 months notice now and leave on 28th July (end of next month's tenancy period) if you so wish.

Annie1960

http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy

Here is the information about ending your tenancy.

DRP

I concur with Sparx.

galastur

Sparx thank you! That explains everything...

Basically I have no way of knowing whether it is correct or incorrect what the lease document says...WONDERFUL!!!

So if you guys dont mind one last question...Do I need to allow access to viewings before the last month? If yes, will it be ok if I cancel my notice and give it later,let's say the 27 of June...since it will have the same effect, me vacating by the 28th of July.

I do not wish viewings taking place with all my stuff in the house and me not being present...I will be away, working from the 23rd of june till the 30th. Can I stop the E A or the landlord doing any viewings during those dates?Afterwards they can have viewings everyday if they so wish

Again thank you guys