two months leaving notice problem

nomoneytoday

I'd ask the LL to do a deal. End the tenancy on the 10th as you want, and you'll allow a couple of visits as he wants?

G_M

galastur wrote: »

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

It appears you had a Fixed Term agreement ending on 28th June 2012.

Probobly on 29th June 2012 a Statutory Periodic Tenancy arose. Notice in that case is one full tenancy period. Notice must end with a tenancy period. Since your periods run from 29th to 28th each month, you can only end your tenancy on the 28th of the month.

In this case, the clause about notice in your agreement in not valid - it is over-ruled by the law.

Possibly, if there is further wording in the agreement stating that at the end of the fixed term the tenancy will continue on a contratual periodic basis, then you have a Contractual Periodic Tenancy.In that case the clause in your agreement about notice is valid and you must give 2 (calender) months notice (or more if you wish).

galastur

SerialRenter wrote: »

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.

Honestly I am not trying to get in the way or anything like that. I just want to be in when they show the property around. I also think this is not unreasonable, furthermore, once I am back, they can have viewings every day if they so wish.

I will let them know that and see what they say. They will probably not be happy, but I don't think that my request is unreasonable (me being present). Effectively, 18 days where they can't have visits and 28 days where they can show the property

Any landlords out there? what are your thoughts? will you be happy?:)