How much notice does landlord need to give to vacate rented property

danslenoir

spaced1981 wrote: »

Thanks for all the replies. The deposit is protected in a scheme setup when we moved in. I agree that the way forwards is to:

We are not looking to be difficult, only want to know what our legal right are so we are afforded enough time to find a suitable property.

You are entitled to two month's notice.

If you want to be an !!! about it you could remain in your home for longer as the notice you have been served is not valid and your landlord can't kick you out after the two months are up because he/she needs to get permission from the courts to evict you first.

Guest101

danslenoir wrote: »

You are entitled to two month's notice.

If you want to be an !!! about it you could remain in your home for longer as the notice you have been served is not valid and your landlord can't kick you out after the two months are up because he/she needs to get permission from the courts to evict you first.

I'll just correct that slightly: If you want to exercise your full legal rights and be legally evicted you could remain.....

thesaint

danslenoir wrote: »

I guess you are incapable of reading.

Legislation requires at least two month's written notice:

I love it when someone comes out firing, and they are incorrect.

I deleted my post because I saw that the OP said they pay monthly. This does not confirm that the notice period is two months, but a reasonable assumption.

I hope your reply is an apology and a full and frank admission of being wrong.

Guest101 wrote: »

All the LL had to do was some very basic research, it's hardly asking the world to get correct notice.

I know that.
If the OP had said the landlord was a complete tool that had made their life a misery, then I would have been the first to suggest what you did.

I just think that sometimes it's nice to be nice.

Pixie5740

This advice assumes you're a tenant in England or Wales. If you're in Scotland or Northern Ireland the advice given so far won't be applicable. So could you confirm where you're based OP?

bris

In Scotland it's pretty much the same. You serve 2 notices, a notice to quit and a section 33 with a minimum of 2 months depending on the day of the month the lease was signed.


So if the lease was signed on the 1st then the 2 month notice must go in before the 1st. If you miss this then it can be up to 3 months notice.

Pixie5740

bris wrote: »

In Scotland it's pretty much the same. You serve 2 notices, a notice to quit and a section 33 with a minimum of 2 months depending on the day of the month the lease was signed.


So if the lease was signed on the 1st then the 2 month notice must go in before the 1st. If you miss this then it can be up to 3 months notice.

Ah, but what if tacit relocation is in play or worse still (for the landlord) the OP has an Assured Tenancy.

sann420

It seems like you have a reasonable relationship with your landlord. I would say speak to him/her and just explain your situation that you are looking and will move out once you have found an alternative. I am sure they know that moving with a young family is a difficult process as well. And since you have paid your rent regularly hopefully they would be considerate. But if you feel like the landlord just wants to evict you within a month without any consideration then be a knob and linger on and make their life hell like every one else has suggested

G_M

No one has raised the possibility that this is a Contractual Periodic Tenancy.

OP - read your tenancy agreement:

1) what does it say, if anything, will happen at the end of the 3 year fixed term?

2) what does it say, if anything, about notice to end the tenancy during any CPT that follows the fixed term?

GM has some stickies regarding correct procedure for ending a tenancy, such as correctly protected deposit etc

The mods have not made them stickies......

Tenancies in Eng/Wales: Guides for landlords and tenants This thread is intended to provide information to both landlords and tenants relating to Assured Shorthold Tenancies (ASTs) in England and Wales.

Topics covered:

* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new protection (2015)

* Deposits: payment, protection and return

* 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?

* Repossession: what if a LL's mortgage lender repossesses the property?

* New landlords: advice, information & links

* Letting agents: how should a landlord select or sack?



Plus - whatever the legal rights and wrongs, if the LL/tenant relationship is good, the tea/cake approach may be best (only the OP can judge).

ie a friendly chat and then agreement on a mutually convenient date to end the tenancy.

Dird

Guest101 wrote: »

All the LL had to do was some very basic research, it's hardly asking the world to get correct notice.

He may have known but needs it more urgently so tried his luck with 1 month

Guest101

G_M wrote: »

No one has raised the possibility that this is a Contractual Periodic Tenancy.

OP - read your tenancy agreement:

1) what does it say, if anything, will happen at the end of the 3 year fixed term?

2) what does it say, if anything, about notice to end the tenancy during any CPT that follows the fixed term?

The mods have not made them stickies......

Tenancies in Eng/Wales: Guides for landlords and tenants This thread is intended to provide information to both landlords and tenants relating to Assured Shorthold Tenancies (ASTs) in England and Wales.

Topics covered:

* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new protection (2015)

* Deposits: payment, protection and return

* 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?

* Repossession: what if a LL's mortgage lender repossesses the property?

* New landlords: advice, information & links

* Letting agents: how should a landlord select or sack?



Plus - whatever the legal rights and wrongs, if the LL/tenant relationship is good, the tea/cake approach may be best (only the OP can judge).

ie a friendly chat and then agreement on a mutually convenient date to end the tenancy.

I'm trying to to more tea and cake more - you may have noticed

But I think the LL has soured the relationship by giving notice without any discussion and then giving a shorter notice than required ( I suspect).

If the LL saw the relationship the same way, would he or she not mention it and offer to agree a date? Perhaps serving notice as a formality.