One month or two months?

nm1213

I've been renting a place for 2 years now, and unfortunately, I was robbed again while walking home from the train station. As a result of this, I've decided to serve my notice to the letting agency.

I thought the standard terms were that I could give one month's notice to the agency, and if the landlord wanted me to get out, they would have to give 2 months.

The agency says otherwise, and that the standard is 2 months on either side. Is this enforcable? I really don't feel safe living here anymore, and need to get out.

Any advice on this is most appreciated.

N.

nobblyned

Are you on a fixed term AST, or is it now rolling? If the latter, it is 1 month from you, 2 months from LL. But only as given from a rent day. i.e. one months notice from the day your rent is next due.

If the former, how far in to the term are you, what does the contract say on termination?

nm1213

I've been letting this flat for almost 2 years now, and the lease is up on Dec 5th of this year. I want to move out by Nov 9th (one month from today).

nm1213

I have no access to my contract right now because I am at work, but will look in the evening. The agency said they would contact me back with the terms.

nobblyned

If the lease is up on Dec 5th, the you probably have been re-signing 6 monthly ASTs as you went along, in which case you will likely be tied in until that expires on Dec 5th. If this is the case, you will simply not renew the tenancy, I'd also give notice that you are moving out at expiration of the tenancy for clarity. Worth checking the contract though.

Doozergirl

Your rent day would be the 5th of the month. The one month's notice has to start on a rent day so even if you gave notice now with the term of one month, it would still actually end on 5th December. Two months notice and that's the 5th January.

But, as your tenancy actually ends on 5th December you can simply move out on that day. Of course you can move out before, but you'll be paying rent

I'm sorry about what happened - our cars were broken into on the drive of our last house and then I started hearing all sorts of stories. I wanted out straight away too.

nm1213

I didn't sign anything at 6 months... only at the beginning of the year terms... not sure if that matters at all or not.

Seems like I will have to walk home in fear for the next two months. There has to be a way out of this!

N.

Doozergirl

You can ask to be let out of the contract early in which case you will have to pay rent until they can find a new tenant. In all reality, it's going to be nigh on December by that time anyway. They have to market the place, get an application, vet the tenant and then find an agreeable date.

It doesn't really matter when you signed, but if the contract finishes on 5th December then that is the earliest you can officially leave. At the moment, it looks like the fact that the contract is actually ending is your friend - if they insist on two rental month's notice to break at any other time.

Is there anything else you can do to protect yourself? Drive? Find a lift from a colleague? Use a different station and catch a bus that drops you nearer to home? Sorry if they're rubbish ideas, maybe doing things differently will help so at least you don't have to walk past the scene of the crime.