Do I have to give 2 months notice?

Pandilex

I had a 6 month tenancy agreement, which said I was required to give 2 months notice. It has since gone onto a rolling contract, as I am 9 months into it.

I gave notice last week that I would be leaving, and I put in my letter that it would be one month. I also e-mailed the landlord at the same time as posting it to the correspondance address (got proof of postage).

The landlord hasn't replied to the e-mail or made contact with me at all. I expected him to reply and go 'ok' or something to acknowledge it.

I live in England and I pay rent monthly on the 1st of the month which is when I moved in - so I put in my letter that it'd be 1 month from the 1st of August.

I just want to check though that it wasn't actually 2 months notice... from what I could see on the tenancy website, it's only 1 month notice if you pay your rent monthly. Am I ok?

Confusedandneedhelp

Pandilex wrote: »

I had a 6 month tenancy agreement, which said I was required to give 2 months notice. It has since gone onto a rolling contract, as I am 9 months into it.

I gave notice last week that I would be leaving, and I put in my letter that it would be one month. I also e-mailed the landlord at the same time as posting it to the correspondance address (got proof of postage).

The landlord hasn't replied to the e-mail or made contact with me at all. I expected him to reply and go 'ok' or something to acknowledge it.

I live in England and I pay rent monthly on the 1st of the month which is when I moved in - so I put in my letter that it'd be 1 month from the 1st of August.

I just want to check though that it wasn't actually 2 months notice... from what I could see on the tenancy website, it's only 1 month notice if you pay your rent monthly. Am I ok?

Correct, it's one month's notice on a statutory periodic tenancy, which is what you have

user1168934

Confusedandneedhelp wrote: »

Correct, it's one month's notice on a statutory periodic tenancy, which is what you have

wow, this is good news. I am in the exact same situation and I thought because the contract said 2 month notice I will have to give two months notice.

Does this apply in all cases? I mean what if my contract says that I have to give two months notice even after the inital contract period is over?
(This is a hypothetical questions, I dont know whether my contract really says that or not)

Confusedandneedhelp

user1168934 wrote: »

wow, this is good news. I am in the exact same situation and I thought because the contract said 2 month notice I will have to give two months notice.

Does this apply in all cases? I mean what if my contract says that I have to give two months notice even after the inital contract period is over?
(This is a hypothetical questions, I dont know whether my contract really says that or not)

Yes always the case in a statutory periodic tenancy (not if you signed a periodic tenancy with the agent/landlord after the initial fixed term expired)

SerialRenter

Do make sure you give your notice to coincide with the tenancy period though.

Unfortunately the tenancy cannot end on any date. Although if you ask nicely the landlord may agree to mutually end the tenancy on a date convenient to you.

For example:

Lets say you tenancy period is from the 1st to the 31st.
You wish to end the tenancy before september, so you could have to serve your notice any time before the 1st of August.
So say you served your notice tomorrow on the 25th July.
This means your tenancy would come to an end on the 31st of August.

If you post your notice, include an extra two days to consider the notice served. And i would recommend getting a free certificate of postage if you do mail your notice.

For a more detailed explanation, see here:
http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6

Pandilex

Yep, that is what I did - posted it last week saying I'm giving 1 months notice will will begin on the 1st as that's my tenancy/payment date, so expect to be out on the last day of August.

Thanks for the replies, hopefully all will be well.

G_M

Confusedandneedhelp wrote: »

Correct, it's one month's notice on a statutory periodic tenancy, which is what you have

That may not be true. The OP has not provided full wording from the tenancy agreement.

It may well be that on expry of the fixed term a Contractual Periodic Tenancy (CPT) commenced (rather than a SPT) and the notice period would then be whatever was written in (or verbally agreed ) the contract.

Please provide precise wording from the TA.

See [FONT=&quot]Housing Act 1988 [/FONT] section 5

(2)If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of—

(a)an order of the court [F2of the kind mentioned in subsection (1)(a) or (b) or any other order of the court]F2, or

(b)a surrender or other action on the part of the tenant,

then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.

(3)The periodic tenancy referred to in subsection (2) above is one—

(a)taking effect in possession immediately on the coming to an end of the fixed term tenancy;

(b)deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;

(c)under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;

(d)under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and

(e)under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.

(4)The periodic tenancy referred to in subsection (2) above shall not arise if, on the coming to an end of the fixed term tenancy, the tenant is entitled, by virtue of the grant of another tenancy, to possession of the same or substantially the same dwelling-house as was let to him under the fixed term tenancy.

Subsection (4) means that a SPT does not arise if a CPT replaces the fixed term.