Supplemental Assured Shorthold Tenancy expired - notice period?

jimbobjoylove

Hi all.

We originally had a 1 year assured shorthold tenancy that expired on Sept 14th 2013, when we then signed a now-expired supplemental AST, expired on Sept 14th 2014. We are about to buy a house and had let the landlords know of prospective move dates and the stage of the purchase process. They agreed to let us stay past the end of the supplemental AST, though with no specific dates mentioned about exactly when this leniency would end.

Today they've now said they need us out by the 30th September. Our move date to our own property is the 6th October, so is only one week later but with a young child I really don't want to find a new place for a week nor pay for storage and an additional removal charge.

Despite the contract being expired, can they kick us out with only one week notice?

I'll be checking the original contract tonight.

thesaint

Their notice has no legal substance.

RAS

They can only remove you with a court order, enforced by bailiffs.

That is not llikely to happen between now and October 6 2014.

silvercar

They need to give you 2 months notice.

Just be nice, tell them you are sorry if it is inconvenient for them but you will be moving a week later.

Not much they can do. You need to give them one month's notice to end at the end of a rent period. So you need to give notice before the 14 October that you will vacate by 13 November. If you were leaving by 14 September you wouldn't have needed to give notice, but by staying over that date you have entered a periodic tenancy and need to give notice.

G_M

You have a Statutory Periodic Tenancy.


If you pay rent monthly:

You must give your landlord a months notice ending with a tenancy period.

Your LL must give you 2 calender months notice.

Notice should be in writing to the correct address.

See


Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

jimbobjoylove

Many thanks all, much appreciated. Yep, neither us or the landlords actually served notice, so I'll politely go back to them and hopefully it'll be settled. Quells the stress levels a tad

RAS

Bear in mind that legally you have to pay rent until November 13 if you give notice now.

If they want the house back before that, they need to agree an early surrender and you only pay rent until the date you vacate. you MUST get this in writing, not e-mail, writing, signed by both parties.

jimbobjoylove

RAS wrote: »

Bear in mind that legally you have to pay rent until November 13 if you give notice now.

If they want the house back before that, they need to agree an early surrender and you only pay rent until the date you vacate. you MUST get this in writing, not e-mail, writing, signed by both parties.

Yep, am fully aware, will give the notice tonight via email.

Noted regarding the signed early surrender too; they actually have some new tenants ready to move in as soon as we're gone so I'm sure we'll get to that point too.

Actually, as a follow-up question, in that situation if the new tenants move after we've gone but before the 13th November, are we entitled to part of the rent back depending on the length of the overlapping contracts?

G_M

jimbobjoylove wrote: »

Yep, am fully aware, will give the notice tonight via email.

See posts 5 and 7!

G_M

jimbobjoylove wrote: »

Actually, as a follow-up question, in that situation if the new tenants move after we've gone but before the 13th November, are we entitled to part of the rent back depending on the length of the overlapping contracts?

If you are paying rent till 13 November because that is when your notice expires, then that is when your tenancy will end.

If the landlord permitted another tenant to move in, that would be an illegal eviction which is a criminal offence.

Of course, with your agreement, the landlord can end the tenancy earlier (and then grant a new tenancy to new tenants). Doubtless before agreeing this you would insist that the LL charge you rent pro rata for the last month.

jimbobjoylove

Will definitely send that notice in by Oct 13th... by post. Thanks for the reminder

G_M wrote: »

If you are paying rent till 13 November because that is when your notice expires, then that is when your tenancy will end.

If the landlord permitted another tenant to move in, that would be an illegal eviction which is a criminal offence.

Of course, with your agreement, the landlord can end the tenancy earlier (and then grant a new tenancy to new tenants). Doubtless before agreeing this you would insist that the LL charge you rent pro rata for the last month.

Great, yep, good to know. Certainly do intend to do this by the book and claim back monies thereafter if someone else moves in early.