Serving notice on rented house *UPDATE*

emsywoo123

Hi all :beer:

Long story shortened to bullet points:

• Signed 12 month AST 04/09/2013
• No new tenancy signed (so on rolling tenancy?)
• I plan to leave on 03/03/2015
• AST states I must give 2 months notice if I wish to leave after the 12 month, LL only has to give one

I am sure the answer is obvious, but do I have to give 2 months notice now I am out of AST? I only ask as things are somewhat fraught between LL and myself, they are big fans of using their key, and I would rather not give them 2 months notice (which realistically will be more as I will have to probably post the letter next week due to Xmas etc)

Many thanks

**UPDATE**

So I posted notice, Special Delivery next day by 1pm etc, I thought that would cover me.....except I have just checked and it has not been delivered :eek:

I posted it at 11:49 on 30/12/2014, along with 6 other letters, not time dependant, which OF COURSE have all been signed for

What happens in these circs, where notice has been served but not received?

Many many thanks and Happy New Year!:beer:

Pixie5740

Yes you have a Staturory Periodic (rolling) Tenancy now. You (the tenant) are required to give 1 months notice so would have to serve notice by 4th February to end the tenancy 3rd March.

The LL on the other hand has to give 2 months notice that they want to start the process of gaining possession.

That's statutory housing law and can't be overwritten by any old tosh that your LL might have put in your tenancy agreement.

When you say that your LL are fans of using their key do you mean that your LL just lets themselves into your home whenever the feel like it or do they give you 24 hours notice first? If they don't give any notice and continue to wander into your home unannounced then I would consider changing the barrels of the locks and then changing them back at the end of the tenancy.

Guest101

Just to clarify it is possible for both parties to have to give 2 months, if u sign a contractual periodic tenancy.

But in this case that cannot apply, as the LL has tried to give less than the statutory notice.

If they let themselves in without notice, change the locks immediately

jjlandlord

Guest101 wrote: »

Just to clarify it is possible for both parties to have to give 2 months, if u sign a contractual periodic tenancy.

But in this case that cannot apply, as the LL has tried to give less than the statutory notice.

That would depend on the exact wording of the agreement.

The most likely situation is that none of these apply because the tenancy is a statutory periodic AST.

theartfullodger

Indeed: Just because it says it is a "contractual" doesn't mean it is: If the wording, as jj suggests, is not good enough Judge might decide it it not.

theartfullodger

Pixie5740 wrote: »

Yes you have a Staturory Periodic (rolling) Tenancy now. You (the tenant) are required to give 1 months notice so would have to serve notice by 4th February to end the tenancy 3rd March.......

Dangerous Pixie:

There's been a debate about this... Tenant needs to give AT LEAST 1 month notice & service on 4th Feb to end 3rd March would be 1 day short..

However Crate v Miller (1947) says tenant's notice can expire last or 1st day of period so it could expire 3rd or 4th March: Arguably notice served 4th Feb to (for notice) expire 4th March would I think be at leasst one month (tenant would still need to depart by end 3rd March) but others disagree & AFAIK there has been no tests case.

I would suggest serve notice WELL IN ADVANCE of 1 month deadline to expire 3rd March, then OK..

Cheers!

Pixie5740

Good point Artful. I certainly wouldn't leave serving notice to the last minute and thankfully it doesn't sound like the OP is going to either.

emsywoo123

Pixie5740 wrote: »

Good point Artful. I certainly wouldn't leave serving notice to the last minute and thankfully it doesn't sound like the OP is going to either.

Thank you, no I do not plan on leaving it until last minute, I was just concerned by the special additions in the agreement. I planned to serve mid Jan to leave 03/03/2015 - but that of course is not the 2 months that they specified..........