Giving notice to landlord, can they make me give 2 months?

jayss

I'm in England.
My 12month agreement ended in March and I stayed on without a new contract.
In the original ast it has 2 months notice required to leave.
Does that carry over or can I give just 1 month as I'm now on statuary periodic tenancy?

foxy-stoat

You can give 1 month notice, do so in writting before the start of the next rental period, unless there is something written in your AST agreement.

pmlindyloo

jayss wrote: »

I'm in England.
My 12month agreement ended in March and I stayed on without a new contract.
In the original ast it has 2 months notice required to leave.
Does that carry over or can I give just 1 month as I'm now on statuary periodic tenancy?

Difficult to answer without seeing your contract!

Perhaps you can quote the relevant parts about giving notice.

Basically during a fixed term tenancy you do not need to give notice to leave (but it is polite to do so) unless you are taking advantage of a break clause where the notice would be specified in the contract.

When a fixed term ends and no new contract is signed then you go onto a periodic (month to month ) tenancy.

This can be a contractual periodic tenancy as written in your contract and you then have to give the contractual notice or it could be a statutory periodic tenancy where no mention is made of what happens after the fixed term ends and the notice given is one month to coincide with your tenancy dates.

So, what does your contract say?

foxy-stoat

pmlindyloo wrote: »

Basically during a fixed term tenancy you do not need to give notice to leave (but it is polite to do so) unless you are taking advantage of a break clause where the notice would be specified in the contract.

You will still be liable for the rent payments though!

thesaint

What date did your tenancy start?
How long are the rental periods?

theartfullodger

Jay: You give valid notice (at least 1 month ending on last day of rental period - not necessarily same as day-before-rent-day. ).

You leave (landlord/agent cannot prevent you from leaving..) : If landlord then sues you for another month's rent chances are (unless contractual periodic, highly unlikely, tricky to get right) you will win.

jayss

Ending the tenancy

To give the landlord at least two months notice in writing when the tenant wishes to leave.
Such notice must expire on the last day of the rental period and must not expire sooner than 6 months from the start of the tenancy.

jayss

Started mid March 2014 but rent due first of month.
I admit I thought the 2 months referred to a break clause when I first got it due to the reference to 6 months when it was a 12 month agreement.

thesaint

theartfullodger wrote: »

Jay: You give valid notice (at least 1 month ending on last day of rental period - not necessarily same as day-before-rent-day. ).

What if he pays rent quaterly?

Guest101

jayss wrote: »

Started mid March 2014 but rent due first of month.
I admit I thought the 2 months referred to a break clause when I first got it due to the reference to 6 months when it was a 12 month agreement.

I read that as a break clause.


If there is nothing which says what happens after the fixed term, then I would strongly put you in the SPT category (1 months notice in line with rental period)

pmlindyloo

jayss wrote: »

Ending the tenancy

To give the landlord at least two months notice in writing when the tenant wishes to leave.
Such notice must expire on the last day of the rental period and must not expire sooner than 6 months from the start of the tenancy.

This looks like it refers to a break clause. You do not need to issue notice to end a fixed tenancy but, as already said, it is polite to do so.

Does the contract go on to say anything about what happens after the end of the fixed term?