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Tenancy ends on 31st can't get hold of landlord
Comments
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Why not end of November? Nothing says 8 weeks in contract.0
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Why not end of November? Nothing says 8 weeks in contract.
Because you have to give 1 rental period notice. in your case rental period is 1st - 31st, but since the new tenancy wont start until the 1st November, you cannot give notice prior to that.
- It's a long standing thing when switching from fixed term to periodic.
There is debate on this, and actually I think you should be able to give notice on the 1st Nov , to end on the 30th Nov
however:
1: you don't know if your property will be ready by then
2: it's not a sure fire thing, with much debate0 -
Your tenancy ends on 31st October.
Your stat periodic tenancy starts on 1st November.
You must give one clear tenancy period notice of ending your tenancy which means any notice given after 1st Nov ends on 31st December.
You either just leave on 31st October (no notice is required for this) or pay rent until 31st December, 31st Jan, 28 Feb etc. (unless of course the LL/LA agrees IN WRITING to a variation).0 -
You need to give 1 full rental period of notice to end an AST where you pay your rent monthly. A rental period from you runs from 1st to the last day of the month. You cannot give notice to end a tenancy that hasn't started yet, your SPT hasn't started yet so you can't give notice to end it yet. One of the more experienced posters will hopefully be along at some point to clarify this but I think that if you serve notice on 1st November (hand delivering it to the letting agency for example which will be tricky because 1st November is a Sunday) then you should be able to end the SPT 30th November. This is all dependent on the letting agent knowing this though and since they seem to have magicked 8 weeks notice out of thin air I wouldn't count on it. So you might get away with serving notice to end the SPT in October.0
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Why not end of November? Nothing says 8 weeks in contract.
Notice terms do not carry from a fixed term contract into a statutory one.
The earliest your unilateral notice can expire is the 31st Dec 2015
What you need to do is be as cooperative as possible, then the landlord/agent has every reason to agree a shorter notice period than is legally required.Well life is harsh, hug me don't reject me.0 -
Tricky when the letting agent is talking pish about 8 weeks notice.
Tricky, maybe.
But, the OP is in no position to stamp their feet about the agent being wrong, as 8 weeks notice is better than the 2 months(at time of writing)they are actually required to give.Well life is harsh, hug me don't reject me.0 -
Are you sure the tenancy says nothing about continuing as a periodic one when the fixed term ends? If it does, you will have a Contractual Periodic Tenancy instead of a Statutory Periodic Tenancy, and in that case the 8 weeks notice in the contract may apply (depending on the exact wording).
Apart from that, your legal postion is as described by others above.
However you can also negotiate and agree any date to end the tenancy with the landlord, or the landlord's agent. Any agreement you reach, get confirmed in writing.0 -
Update.
Ok, re read the tenancy. In the mutual break clause it says after 10 months of the initial fixed term of this tenancy either party may invoke the tenancy in writing providing a minimum 2 months.
The agent has called me, they have finally got a response from the LL. They wish to renew from the 1st November for 12 months with a rent increase. I
Said I will call them back shortly.
Can they do that with 3 days notice verbally? I don't want to sign, pay a renewel fee as my new property is available soon.0 -
Update.
Ok, re read the tenancy. In the mutual break clause it says after 10 months of the initial fixed term of this tenancy either party may invoke the tenancy in writing providing a minimum 2 months. - Irrelevant really at this stage.
The agent has called me, they have finally got a response from the LL. They wish to renew from the 1st November for 12 months with a rent increase. I
Said I will call them back shortly. - May as well just be honest with them.
Can they do that with 3 days notice verbally? I don't want to sign, pay a renewel fee as my new property is available soon.
Well then don't. Say no, thank you.0
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