Length of notices for tenants

Rollinghills

We have to give the landlord 2 months notice to leave on a periodic tenancy. The standard is 1 month notice.

Does that change the length of other notices, specifically section 13 (rent increase)?
I would think that if you get section 13 you should be able to avoid paying higher rent by giving notice yourself. But in our case even if we gave notice we'd have to pay one month of higher rent. Is that right or should the notice for section 13 also be 2 months (I checked the agreement but it doesn't mention rent increase anywhere).

Also, if section 21 has to be given by recorded mail or in person would that also apply to section 13?

McKneff

You don't have to give your landlord 2 months notice. The law is 1 months notice, your landlord cannot over ride the law.


So your next question is irrelevant.

silvercar

Your third question also doesn't apply. Notices don't have to be given by recorded mail. Posting with certificate of posting would be acceptable; using 2 different post boxes would be a belt and braces approach.

Rollinghills

I don't think you are right, we signed the agreement with 2 month's notice. I'd think the law sets the standard notice unless otherwise specified?
And I'm pretty sure if our agreement says section 21 is by recorded mail and it wasn't then the court could rule that it was invalid.
Of everything was standardised why would we be signing any agreements?

jjlandlord

The notice period for a section 21 notice is set in law and depends on the tenancy period.
The length of your notice is therefore irrelevant.

McKneff wrote: »

You don't have to give your landlord 2 months notice. The law is 1 months notice, your landlord cannot over ride the law.

That's not true. It depends on tenancy and on the tenancy agreement.

Now, the 2 months notice probably does not apply, but it may and we cannot say without more details.

G_M

McKneff wrote: »

You don't have to give your landlord 2 months notice. The law is 1 months notice, your landlord cannot over ride the law.


So your next question is irrelevant.

Not necessarily.

OP may have a Contractual Periodic Tenancy.

However, S13 notices would not be affected (see below).

If notice is 'served' it is valid. Service is defined by law.

Please define your tenancy.

Also read:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

* Rent increases: when & how can rent be increased?



Housing Act 1988 section 13

The minimum period referred to in subsection (2) above is—

(a)in the case of a yearly tenancy, six months;

(b)in the case of a tenancy where the period is less than a month, one month; and

(c)in any other case, a period equal to the period of the tenancy.

jjlandlord

Looks like this is a follow up on OP's previous thread:
https://forums.moneysavingexpert.com/discussion/5195831

Rollinghills

jjlandlord wrote: »

The notice period for a section 21 notice is set in law and depends on the tenancy period.
The length of your notice is therefore irrelevant.



That's not true. It depends on tenancy and on the tenancy agreement.

Now, the 2 months notice probably does not apply, but it may and we cannot say without more details.

Thanks. When could it apply? We had a fixed term ast that went periodic, 2 month notice period for us is in the original agreement, as well as the requirement that the landlord may terminate it by giving 2 months notice by recorded mail or in person.
Other notices are not mentioned

Rollinghills

jjlandlord wrote: »

Looks like this is a follow up on OP's previous thread:
https://forums.moneysavingexpert.com/discussion/5195831

Yes. I need to decide whether to go to tribunal, I'd rather avoid it due to hassle as we are moving and don't fancy coming back for hearings.

So wondering if I can tell the landlord that his notice is not valid, take us to court if you don't like it kind of thing. That could be more hassle though, I don't know

G_M

Rollinghills wrote: »

Thanks. When could it apply? We had a fixed term ast that went periodic, 2 month notice period for us is in the original agreement, as well as the requirement that the landlord may terminate it by giving 2 months notice by recorded mail or in person.
Other notices are not mentioned

Read the link provided!

What is the exact wording i the original contract regarding the end of the fixed term?

jjlandlord

Rollinghills wrote: »

I need to decide whether to go to tribunal

You are running out of time, I think...

When did you fixed term tenancy start, what was the term?