Tenancy Notice Question

postmanroyal

Hi All,

I'm new here, but hope you can help me.

I started an Assured Shorthold Tenancy towards the middle of 2005. This was renewed a couple of times, then at the renewal at the start of this year, the landlord's agent wrote to me advising that this would change to a periodic contract with 2 month's notice either way. Due to an oversight, I am fairly sure that I never actually signed the copy of the new agreement.

I am now in the position where due to family problems I need to leave the property and have been told by a friend that the 2 month notice period that they are trying to hold me to is illegal and that at the end of a month I can just leave without giving any notice.

Is this true?

Richard

Becks045

As a landlord, I'm pretty sure, in my experience that the landlord is supposed to give 2 months notice anyway for a shorthold tenancy agreement.

However if you haven't signed it, naughty, but you could claim you never received it and say as far as you are aware you are on a months notice.

moneysavinmonkey

With a periodic tenancy you don't sign a new contract, it just 'rolls' on from the last agreement.

You need to give at least one months notice AND your notice period must end on the last day of the rental period - so in practice this usually ends up being longer than one month. I am assuming your rent was paid on a monthly basis.

For example if the last tenancy agreement you signed had a date of 10th July, then the last day of each of the rental period will be the 9th...(the next period then starts on the 10th) so if you gave notice today then the earliest you could leave would be 9th December, as you have to give one months notice.

You need to check you last contract, if you give the date here we will be able to work it out for you. If you leave without giving the proper notice then in all likelihood your landlord will keep your deposit and may even try to get a small claims judgement against you for any outstanding rent.

Have you explained to your landlord/letting agent the reason you need to leave the property earlier - perhaps you can make some kind of arrangement?

What is the date did your last tenancy agreement start - if it's the 19th or later then you won't have to give much more than a months notice.

Lavendyr

On a periodic contract there is usually no agreement to sign -the terms of the original agreement hold on a periodic basis. Under a statutory periodic agreement, the landlord must give you 2 months' notice if he wants you to leave, and you need to give the landlord one month's notice if you want to leave. You should make sure your one month notice begins on a rent day.

SquatNow

moneysavinmonkey wrote: »

You need to check you last contract, if you give the date here we will be able to work it out for you. If you leave without giving the proper notice then in all likelihood your landlord will keep your deposit and may even try to get a small claims judgement against you for any outstanding rent.

IFAIK they can't keep you deposit... it is a deposit against damages not non-payment of rent. They could still sue you for the rent though.

moneysavinmonkey

Squatnow - i've never heard that deposit can only be held against damages?? !

In theory you may be right but in practice....
I would bet money on the landlord hanging on to it.

what Lavendyr says is correct, the notice will be one month exactly if it is given on the day the tenancy started....

Make sure you give notice in writing

postmanroyal

Hi all, thanx for the replies.

Here's a bit more info (that I probably should have given in the original message) The AST started on the 12 July 2005 and was renewed 6 monthly until Jan 2007, when I received the notice that this would change to a rolling contact with 2 months notice on either side. The form asked me to sign to agree to it, but I don't think I actually returned it (very disorganised, but that's another story)

I have actually given 1 month's notice (given in writing on 3rd October the day I vacated the property) and the latest payment was made on 12 October, so I have paid 1 months rent for the notice.

The landlord is adamant that I will have to pay him another month's rent in November or he will deduct it from the deposit. Can anyone point me to something that details the legal position regarding the notice period.

Thanks

Richard

moneysavinmonkey

Hi.

It doesn't matter that you didn't sign the slip.. if you don't renew you AST and you stay in the property it automatically becomes a statutory periodic tenancy.

The rental period would have been the 12 to 11th

From what I understand you gave notice on the 3rd October, and paid the rent up to the 11th November. Therefore you have given (more than) one months notice ending on the 11th November.

You have fulfilled your obligation and do not have to pay anything else.

Write to the Letting agents tell them you have given them the correct notice and do not owe them anything further. Ask them to return your deposit within 14 days. If they don't do this then send a 'LETTER BEFORE ACTION' and tell them you will file a small claims suit against them...

Both CAB and Shelter will be able to help you with this if you need any further advice.

If the letting agents are members of any professional bodies I would recommed reporting their actions as well.