two months leaving notice problem

G_M

galastur wrote: »

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

It is not as clear cut as posters above are suggesting.

You signed a 2nd tenancy agreement.
* have you ever signed another (3rd) agreement)?
* What exactly did tthe last agreement you signed (2nd/3rd/whatever) say?
* was it for a fixed period - ie it had a start date AND either an end date OR a fixed period (eg 1 year)?
* what were those dtaes?
* or was it written open ended as a Contractual Periodic Tenancy? ie it had no end date and no fixed period?
* What was the exact wording?

galastur

Thanks for the link Annie. My lease does not state that i can just send an email,which is what i did but apparently this might not be valid...i will give that website a good read!

galastur

Hi GM, the details I posted are for the 2nd tenancy agreement we signed. We did not have any more agreements after this one

Thanks

G_M

Sparx wrote: »

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.

This is only true if the tenancy is a SPT (Statutory Periodic Tenancy). What is more, the notice is not one month, but one tenancy period.

In this case it is possible (but unclear) that galastur has a Contractual Periodic Tenanc.

Please answer the questions.

galastur

Hi GM,

My tenancy is: ASSURED SHORTHOLD TENANCY AGREEMENT for residential accommodation furnished and unfurnished

See the answers to your questions below.

* have you ever signed another (3rd) agreement)?
No

* What exactly did tthe last agreement you signed (2nd/3rd/whatever) say?
Last and final agreement that we signed (2nd)
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.

* was it for a fixed period - ie it had a start date AND either an end date OR a fixed period (eg 1 year)?
A term of 12 months from the Commencement Date.

* what were those dtaes?
COMMENCEMENT DATE 29th June 2011 to the 28th June 2012

* or was it written open ended as a Contractual Periodic Tenancy? ie it had no end date and no fixed period?
No, please see above

* What was the exact wording?
Please see above


Hope it clarifies things

cloo

galastur wrote: »

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

It is confusing but they key thing is 'Not less than'... the key issue under contract law is the rent period, so you have to give at least two months' notice within that, and liability (ie having to pay) is always within that period. Sorry, that's probably not very well explained!

thesaint

galastur wrote: »

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.

What does your tenancy say about access for "viewings"?

There is no statutory right for the landlord to gain access for viewings, so the only right he has is one you may or may not have agreed to.

galastur

Hi thesaint,

This is what the tenancy says:

1.6 Permit the Landlord or the Landlord’s employees or agents to enter the Premises at all reasonable times to inspect the same and the Landlord’s furniture and effects therein (if any) and to carry out any works of maintenance or repair to the Premises which the Landlord may consider to be necessary, or to show the Premises to any prospective tenant or purchaser during the course of the Tenancy.

Does this mean that they can enter the property without me being here?And if so, will they be liable if anything goes missing?

SerialRenter

galastur wrote: »

Hi thesaint,

This is what the tenancy says:

1.6 Permit the Landlord or the Landlord’s employees or agents to enter the Premises at all reasonable times to inspect the same and the Landlord’s furniture and effects therein (if any) and to carry out any works of maintenance or repair to the Premises which the Landlord may consider to be necessary, or to show the Premises to any prospective tenant or purchaser during the course of the Tenancy.

Does this mean that they can enter the property without me being here?And if so, will they be liable if anything goes missing?

Highlighted the relevant phrase.

Their access must be reasonable, I wouldn't say it's unreasonable to request that they only visit with you present.

For viewings it's best to try and maintain a good relationship with the agents.
However if they insist on access at unreasonable times, you could prevent access.
This could possibly be a breech of the contract if you denied all further viewings, however note that they would have to go to court to gain access and as such, in practical terms you can effectively control their access to the property.

thesaint

galastur wrote: »

or to show the Premises to any prospective tenant or purchaser during the course of the Tenancy.

galastur wrote: »

Does this mean that they can enter the property without me being here?And if so, will they be liable if anything goes missing?

You have agreed to allow them entry at all "reasonable" times.