Help with notice period

Rachel495

I've been living in my rented flat for just over two years. The original contract was for 12 months, and when it was due to expire I contacted the LL by text to ask if him if I could sign one for a further 6 months. He said he was happy to do this and following that 6 months I would be on a rolling 2 month contract. I didn't sign anything to agree to this and the whole conversation happened via text.

I'm currently looking at moving in to a bigger flat, and I'm now starting to worry that the two month notice will make it harder to secure somewhere.

I'm not looking to mess the landlord about and would give him two months notice if possible, but I'm wondering where I stand if was in a position where I wanted to give one months notice instead?

pmlindyloo

Rachel495 wrote: »

I've been living in my rented flat for just over two years. The original contract was for 12 months, and when it was due to expire I contacted the LL by text to ask if him if I could sign one for a further 6 months. He said he was happy to do this and following that 6 months I would be on a rolling 2 month contract. I didn't sign anything to agree to this and the whole conversation happened via text.

I'm currently looking at moving in to a bigger flat, and I'm now starting to worry that the two month notice will make it harder to secure somewhere.

I'm not looking to mess the landlord about and would give him two months notice if possible, but I'm wondering where I stand if was in a position where I wanted to give one months notice instead?

When your original fixed term contract ended you moved to a periodic tenancy. (month to month)

See here for how to end it:

http://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4

However, you need to look at the original agreement to see if it says anything about what happens when the fixed period ends. if there is a clause in there about giving 2 months notice then this means a contractual periodic tenancy has been created and you need to give the 2 months notice as specified in your contract.

Having said that you can negotiate with your landlord to leave whenever you like if he agrees to this.

Rachel495

That's really helpful, thanks for the link.

I've been through the original contract several times and can't see anything about notice following the fixed period, it doesn't mention what happens when the fixed term ends other than allowing viewings etc two months before.

So am I correct in thinking that if I have to, I can give him one months notice? (being careful about the date I serve notice) even though he has said via text I'm on a two month contract (since nothing was signed to this effect)

pmlindyloo

Rachel495 wrote: »

That's really helpful, thanks for the link.

I've been through the original contract several times and can't see anything about notice following the fixed period, it doesn't mention what happens when the fixed term ends other than allowing viewings etc two months before.

So am I correct in thinking that if I have to, I can give him one months notice? (being careful about the date I serve notice) even though he has said via text I'm on a two month contract (since nothing was signed to this effect)

An interesting point about the text. Reading this:

http://www.parissmith.co.uk/blog/even-emails-text-messaging-can-constitute-legally-binding-agreement/

it appears that emails/text messages may constitute a legally binding agreement.

Mmmm.. my own thoughts would be that if you replied to the text and said that you agreed to this (or words to that effect) then it might be held as legally enforceable.

I wouldn't get too hung up about this until you find another place to rent. Then would be the time to have a chat with your landlord and see what he says. No point in going down the ins and outs of whether the text messages are legally binding when he might just agree to one month's notice or notice that fits in with your moving date.

Most landlords are perfectly reasonable no matter how many unreasonable ones we hear about on this forum!

Often LLs advertise quite a bit in advance so it may not be a problem.

G_M

A contract can be created verbally. Nothing need be signed. Texts also can create a contract. If both sides are clear, and agree, then there is a contract.

Of course, in reality proving such a contract is hard if one side or the other disputes what was said or agreed.

It could be argued that when your 12 month term ended (and with nothing written about what should follow) either

1) a verbal 6 month fixed term was agreed, with a verbal agreement that followng that a contractual 2 month periodic tenancy would follow

or

2) since you mentioned 'signing' a 6 month fixed term, but then did not, whatever was discussed was not confirmed (and the discussion required written confirmation). Thus no 6 month fixed term was created, and when the original 12 months ended you moved to a Statutory Periodic Tenancy.

A key question in either case is how often you pay rent. If you pay rent every 2 months, then that would support option 1) above. Indeed, even with option 2) it would affect the tenancy periods with whch your notice must be aligned.

If you pay monthly though, option 1) clearly is not relevant, and your notice should as normal for a monthly SPT (one month aligned with the tenancy period dates).


* 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?

The lesson for the future, and for others reading this, is to always get clear written confimation of the terms of your tenancy when it is created or changed.

This applies equally to, for example, permissions eg to redecorate, dispose of worn inventory items etc - do not rely on a phone call/text alone.

When moving from a fixed term to a Statutory Periodic Tenancy however, no written confirmation is needed snce it is the law that defines the terms 9hency 'statutory').

Rachel495

Thanks for that link, I'd never considered that a text could be legally binding! I'd replied saying "That sounds good, thanks" so it looks like I've agreed.

I'm not worrying about it too much at this point, he's been an excellent LL so far and has always been very reasonable, and hopefully will be good re notice. I have a couple of viewings lined up this week, and inevitably they'll ask when I'd be free to move. Unfortunately the rental market seems to move very quickly where I am, so I'm trying to work out where I stand before find something I like, but you're right I'm better finding something and then see what LL says.

Rachel495

Rent is paid monthly.

I'll keep looking for a new flat and then see what the LL says. I hadn't anticipated that the 2 month notice might be enforceable, so I'm definitely glad I checked before I started viewings! I agree, I should have asked for written confirmation, I expected to receive something through the post and didn't chase it so I only have myself to blame.

G_M

Rachel495 wrote: »

..... I'd replied saying "That sounds good, thanks" so it looks like I've agreed.
??????
But what sounds good? That "I could sign one for a further 6 months." ?? But then you did not sign as I understand it. So I suspect no contract was created. Plus, of course, if a 2 month periodic tenancy had been created I would have expected you to be paying rent every two months.....

I would not make an issue of this as yet though. When you find somewhere to move to, speak to your LL. It may well be that you can both totally ignre the legal niceties and just reach an amicable agreement about end date.

If not, you have legal arguments to fall back on.