Can someone give me a definitive answer on my notice on AST?

lynzpower

hiya gang,

Just a quickie.

We signed a years AST on the 19th Jan 07. We are moving out of our place into tied accom through my work - and we simply cannot delay or we will lose the tied place.

Am I right in thinking that we can give notice now to end on the 19th of Jan, or DO WE NEED TO GIVE 2 months to end the AST on the 19th of Jan ( which is too late - as we would have needed to give this on the 19th of Nov.

it says "the length of the notice must be at least 2 months, and the notice must be given before or on the day which 5the fixed term comes to an end"

If this means that they want us to consistently give 2ms notice- can they do this if the fixed term is ended, as surely it gravitates to periodic??

PLEASE HELP ASAP!!!


Cheers

Debt_Free_Chick

Legally, you are not required to give any notice as the agreement only allows you to occupy the property for the period of the fixed term.

But ... what was the fixed term in the agreement? Was it 12 months? Or six months with a break clause?

You need to check the agreement but, essentially, the assured period of occupancy comes to an end when the fixed period terminates.

A LL is only required to serve a section 21 notice by a quirk of the law which favours the tenant, so that the tenant is sure that the LL wants to end the agreement at the end of the fixed term. In terms of an AST there is really no need to do this - as it ends when the fixed term expires anyway. But the requirement on the LL to serve a s21 notice is simply "belt & braces".

All that said .... I guess you would give notice anyway, just so that the LL is clear about your intentions and can arrange a new tenant ASAP

lynzpower

Yeah im giving notice anyway, just dont want to lose 750 quid for Dec-JAn AND the Jan - feb if I can avoid it!

Its abit unclear.

theres a 12 months ast. theres a 6m break clause, within that I have to give 2ms.

But I thought at the end of the AST you just move out - obv Ill be letting my LL & LA know asap as theres a deposit issue ( she took more than she claims she did, by about 300 qud, I have recipts) so Id like to keep this as amicable as possible and dont want to go in being clear about "my rights" when I could be piping up about my "wrongs" :rotfl:

Debt_Free_Chick

lynzpower wrote: »

But I thought at the end of the AST you just move out

That's my understanding too. Basically, you have an agreement to occupy the property for 12 months. At the end of 12 months, the agreement ends and you move out.

The quirks are ... if you don't move out, the LL then has to serve notice on you. And you have to serve notice on him. Also, if the LL insists you move out at the end of the fixed term, he still has to give you notice, even though you don't have to give him notice.

It's all about protecting tenants - not necessarily making the tenant take the same action as a LL has to.

What a palava! :rotfl:

lynzpower

What a palava!

For a law that affects SOOOOOOOOOOOOOomany people it beggars belief that its so bloody complicated :rotfl:

Gorgeous_George

I think it's quite simple and weighted in favour of the tenant.

You have a 12 month contract expiring 18th/19th Jan 2008. You could move out without giving notice but that is unkind and could lead to your LL being awkward about the return of your deposit. Let them now at the earliest opportunity, preferably before 18th Dec, and there should be no hassle.

If (s)he tries it on, just tell him that you are Lynzpower and have lots of friends.



GG

poppy10_2

If you let them know now that you will not be renewing your contract when it ends on 19th Jan 08, there should be no issue.

lynzpower

Brilliant!

Ill let the LA know in writing by fax & hand delivered tomorrow then !

Cheers so much

silvercar

I reckon you can end the tenancy on 18th January with no notice. If you stayed longer than this, even by a day, the tenancy would become periodic and you would then be required to give a months notice to end on a rent day.

ruggedtoast

We have to give a months notice to move out before the end of the fixed term or the tenancy automatically renews for another 6 month term without us doing a thing. Though the LL reserves the 2 month notice for himself at any time. This is what it says on the tenancy anyway.

I have since discovered that this is probably not legal but as we dont want to leave for a bit anyway its not such an issue right now. Its not that unusual for LLs to insist you sign up to fixed terms every time but I dont think they can make you stay if you havent resigned, regardless of that theyve written into the AST.

You do need to give one months notice before the end though imo.

RabbitMad

Lynzpower, I think you need to put the exact wording of your contract up here. In the absence of anything in the AST you could leave at the end of the term without giving notice, however if you have signed a contract that requires you to give a certain length of notice I would expect that you could be held to that. It will all depend upon the wording.