Rolling contract, submitting notice

phemark

Hi,

We had a 1 year contract, that ended on the 25th of October. Since then, we haven't signed a new one and are on a rolling contract. Old contract (that expired 3 months ago), had 2 month's notice written in it.

Q: We would like to move out by the 25th of Feb, i.e. give one month's notice. How to do this? Just send an email? Will it not be a problem, given that older contract had 2 month's notice requirement?

Any help, or links to similar topics would be appreciated,
Thanks

Pixie5740

Did your original contract start 26th October 2013? Do you pay your rent monthly? What does your original tenancy agreement say will happen at the end of the fixed term?

Notice should be served in writing to the address given in the tenancy agreement for the serving of notices, not by email.

fishpond

Pixie5740 wrote: »

Did your original contract start 26th October 2013? Do you pay your rent monthly? What does your original tenancy agreement say will happen at the end of the fixed term?

Notice should be served in writing to the address given in the tenancy agreement for the serving of notices, not by email.

Why not, as emails can be printed off?

stator

It's important to read the tenancy carefully and see what it says happens at the end of the fixed period. Does it say that the tenancy becomes a periodic tenancy, month by month, or does it say nothing at all?
You may have to give two months notice, but if it's a statutory periodic then you only have to give one.

SerialRenter

fishpond wrote: »

Why not, as emails can be printed off?

It's about confirming receipt of the notice. If they do not respond to the email, you wouldn't be able to prove that they had received the notice. However, if it was mailed with free proof of postage then it would be deemed served after two working days.

phemark

Original contract started 26th of Oct, 2013. In it, there was nothing about what happens after the contract ends. 2 months before the 25th of Oct, 2014 we were contacted, asking if we would like to sign new contract for 6/12 months. We said that we would prefer monthly rolling contract. They agreed, if we agreed to raise rent by 50 pounds, which we did. We got notification that rent is increasing, but we didnt sign anything new.

P.S. for the notice, should I use this? https://forums.moneysavingexpert.com/discussion/4146751

G_M

phemark wrote: »

Original contract started 26th of Oct, 2013. In it, there was nothing about what happens after the contract ends.

P.S. for the notice, should I use this? https://forums.moneysavingexpert.com/discussion/4146751

So you have a Statutory Periodic Tenancy and must give one full tenany periods notice: ie

serve notice by 25th Jan to end tenancy on 25th Feb

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?)

I suspect however the landlord or agent may be expecting 2 months notice, and may quote the tenacy agreement clause, in which case you may end up in an argument. If it went to court, I believe you would win.

The Landlord and Tenant Act 1987requires landlords to provide an address "for the serving of notices". You can, of course, ignore this if you wish and send your notice by text, carrier pigeon, morse code or email, but my advice is to send it by..........

phemark

Thank you,

Will post the notice to estate agents and email them tomorrow, will see what they say.

dimbo61

Clean the property before you leave, put all rubbish in bins and make sure nothing left in property that was not there when you moved in !
Take dated photos of everything including meters.
Ring water, gas/electric and council tax people with readings, new address and get final bills, redirect mail for one year
Ask for full deposit back from DPS

SavvyStudentSaver

It may be a little late now, but if the notice is/was posted today, the notice wont be deemed served until AFTER the 25th January. In which case, you wont have given a full month's notice before the 25th February.

The other thing is that as I understand it, your notice would need to include an entire tenancy month, so as your notice would miss February 25th, the earliest it could be for it the 25th March, and you'd still be liable for rent up until then (unless of course your LL agrees to let you go earlier, but that would be up for negotiation).