How much notice re: rented flat

silvercar

Notices end on a rent day, so you are really a bit late to give your notice to move out on December 1st.

ASTs don't have a minimum term of 6 months, a landlord can't evict you until 6 months from the start. Because of the way commission works it is near impossible to find a tenancy, through a letting agent, less than 6 months, theoretically it is possible.

In your situation, without a contract, I would think it is quite reasonable to give a months notice starting from a rent day. So give notice by Dec 1st that you are moving out on January 1st. To hold you to a 6 month contract, I would have expected you to have signed a written agreement. Without one the contract relies on the fact that you have entered a contract by paying rent, without committing to a minimum term. The need for notice to start/ end on a rent day should still apply.

kunekune

moneysavinmonkey wrote: »

kunekune - why do you say that you can't have a binding verbal agreement?
Have looked it up on Shelter and their advice is that a verbal contract is viable.
http://england.shelter.org.uk/advice/advice-3179.cfm#wipLive-10065-3

Whoopsy, moneysavingmonkey, and thanks for saving me extreme embarassment: the rule I was thinking of is only for leases over three years. So yes, there could be an enforceable verbal contract. But I don't think this would be one, because the OP never saw any precise terms and conditions, and not all ASTs are exactly the same. They might have got as far as negotiating, but they never reached an agreement. It was also intended to be in writing, hence the appointments, rather than an oral agreement.

clutton_2

the Op says

"" I took on this flat and was told by the letting agent that all flats were for a 6 months lease""

and


""can i get away with not paying for the whole of the 6 months""

rather sounds to me like dumping on your landlady .........

guppy

clutton wrote: »

the Op says

"" I took on this flat and was told by the letting agent that all flats were for a 6 months lease""

and


""can i get away with not paying for the whole of the 6 months""

rather sounds to me like dumping on your landlady .........

It also sounds like both parties were quite clear this was a contract for six months at the start of the tenancy. The fact the contract wasn't signed is irrelvant in my opinion...of course the landlord/agency may not want to go to court.

Gorgeous_George

Cherez

Speak to your landlady as soon as possible and explain the situation. Your landlady can:

1) Insist that a 6 months contract is in place. She would need to endeavour to re-let to minimise your losses and you would be liable for any reasonable costs incurred in finding a new tenant. You may need to pay to 1st week in February (August + 6 months).

2) Let you go as soon as you move out. She would be losing money until she finds a new tenant. You could say 'Thank you'.

3) Let you give one month's notice. It may start first week in Novemeber or December and would allow you to walk away in December or January.

Importantly, speak to her at the earliest opportunity. Do not start off by saying the contract has not been signed. That is the ace up your sleeve if things turn nasty.

Good luck

GG

Cherez

Thanks GG, Sound advice, I will try your suggestions, she is an approachable lady and there would be nothing needing to be done in the flat as it is as spotless now as the day i moved in.