Renting - notice term

Pixie5740

You cannot give notice to end a tenancy that has not started yet. Your periodic tenancy has not yet started and won't until 27th March. Your landlord might not know this though and accept your notice anyway.

carcuscrae

Pixie5740 wrote: »

The landlord's notice does not end the tenancy, that can only be done by you (the tenant) or a court. The landlord's notice is just notice that he might go to court to get an eviction notice. If you want the tenancy to end you need to serve your own notice. (Explained in the link)

The notice you will need to give depends on whether you will have a contractual or periodic tenancy. Read the link and your tenancy agreement.

My contract was for 1 year, after that we could either renew for another year or go on a month to month. Within the contract it says I need to give 1 months notice if I intend to vacate and the landlord has to give 2.

Thanks

Pixie5740

carcuscrae wrote: »

My contract was for 1 year, after that we could either renew for another year or go on a month to month. Within the contract it says I need to give 1 months notice if I intend to vacate and the landlord has to give 2.

Thanks

Please quote the exact wording of the clause.

G_M

There is some inacurate advice above.

Assuming you are in Eng/Wales. And assuming your fixed term ends on March 26th:

1) you do not have to give any notice to end the tenancy on March 26th. That is contractual. The 2 months notice your LL served you does not alter that.

2) On March 27th, if you stay, a new, 'periodic' tenancy will start

3) you canot give notice to end that periodic tenancy until it exists. So cannot serve notice before March 27th

4) any notice relating to the periodic tenancy must align with the tenancy periods (27th - 26th each month), AND must include a full tenancy period (so NOT a calender month).

5) notice served on March 27, which expired on April 26th, would be less than a full tenancy period. So the tenancy would have to end on May 26th.

6) there is some legal ambiguity since notice can be served to end on the last, or first, day of a period. So March 27th - April 26th may be acceptable, but there have been no court decisions that I know of to support this. Of course, if the landlord (or agent) accepted that notice, there would be no problem.

7) you can end the tenancy on any day you wish, with any notice you wish, provided the LL/agent agrees. Since the LL clearly wishes to end the tenancy, and so do you, there is no reason not to agree a mutually agreeable date. So discuss with the LL.


* 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?

thesaint

G_M wrote: »

There is some inacurate advice above.

I don't see it.

carcuscrae

Thanks for all your replies, however, unless i'm misunderstanding something I still don't get the notice period part.

From what people are saying my fixed term ends March 26th, which is correct, and I can leave at anytime before this without having to serve notice, that bit I get. However, I cannot serve my 1 months notice until the day after this, March 27th, which means as this would be less than one month, I wouldn't be able to leave on April 26th and therefore my 1 months notice would take me to May 26th. If this is the case, then surely the rules would also apply to the Landlord? In which case his 2 months notice couldn't be served until March 27th and therefore would take him to June 26th?

Is there something I am missing?

Thanks

carcuscrae

Can anyone advise please?

HappyMJ

carcuscrae wrote: »

Can anyone advise please?

It's a different notice. The landlord has issued you with a Section 21 notice. It's just a notice that the landlord is seeking possession. You don't have to leave. The tenancy carries on.

carcuscrae

So basically my options are to leave before March 26th or I have to stay until May 26th? There is no option for me to serve a months notice and leave on April 26th?

Thanks

Pixie5740

You still haven't quoted the clause in your tenancy agreement regarding notice. At the moment the assumption is that you have a Statutory Periodic Tenancy whereas it could be Contractual.

If it is a SPT then as I and others have said, you cannot serve notice to end a tenancy that has not started yet and your periodic tenancy won't start until 27th March. This are the legalities of it but there is nothing stopping you from discussing it with your landlord so that the periodic tenancy ends 26th April.