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

scrummy_mummy_2

Lynzpower...you are not legally required to give the LL any notice because the AST you have signed expires at midnight on 18th Jan 08.
If you wish to keep relations amicable, it is a requested courtesy (cloaked as a legal requirement!) that you give your LL and agent as much notice as possible that you intend to vacate the property at the end of the fixed term. Nornally people request a month but it is not a LEGAL requirement (Rugged Toast take note of this!)
I ALWAYS check with my tenants 6 weeks BEFORE their AST's are about to expire what their intentions are so we can renew on a periodic or another fixed as their circumstances dictate....if your LL/Agent doesn't formally check, they are sloppy and lazy.
Silver car is absolutely right. You must be out by midnight on 18th Jan 08 otherwise you will begin a new period and so would be due to pay a month's rent on 19th Jan under a periodic agreement and you would thus be LEGALLY required to provide the LL and agent with a month's notice.

scrummy_mummy_2

RabbitMad wrote: »

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.

It doesn't matter what the contract says as a contract cannot overide statute (the Law) and Notice requirements are clearly detailed in statute.

RabbitMad

scrummy_mummy wrote: »

It doesn't matter what the contract says as a contract cannot overide statute (the Law) and Notice requirements are clearly detailed in statute.

Does the law actually stat that no notice is required from a tenant that wishes to leave at the end of the AST fixed period? Or is this absent in the AST law and therefore if nothing is in the AST this is the case.

Has this ever been tested in a court? If nothing is detailed in an AST about notice from the tenant then I agree, but I would have thought that a correctly worded clause could be added to the contract that required the tenant to state their intentions x days (I think 28 would be a reasonable number any anything longer would be unfair on the tenant) before the end of the contract given that the Law allows for the contract to automatically convert to an AST.

The issue Lynz has is that come the end of her tenancy if the LL feels that she hasn't given them enough notice they can keep her deposit and make Lynz take them to court for it.

MissMoneypenny

What Shelter says on Assured Shorthold Tenancies

"How your tenancy can be ended
Your tenancy cannot simply run out. It will continue until you or your landlord end it. This can happen by:

• you and your landlord agreeing to end the tenancy (known as surrender)
• you serving a valid notice
• your landlord taking action to evict you (see below)

It is possible for a tenancy to be surrendered at any time. Get your landlord's agreement in writing if possible to avoid problems later.
If you have a periodic tenancy, you have to give one month's notice in writing (or longer if you pay your rent less often). The notice should end on the day that your rent is due. Once the notice ends your tenancy ends and you no longer have any right to live in your home.
If you have a fixed term tenancy you will only be able to give notice during the fixed term if your tenancy agreement says it is allowed. The length of notice you have to give depends on what your tenancy agreement says. It is possible to leave on the day your tenancy ends without giving any notice, but it is best to do so if you can, especially if you have paid a deposit and need it back."
http://england.shelter.org.uk/advice/advice-7563.cfm#wipLive-27075-8

lynzpower

scrummy_mummy wrote: »

Lynzpower...you are not legally required to give the LL any notice because the AST you have signed expires at midnight on 18th Jan 08.
If you wish to keep relations amicable, it is a requested courtesy (cloaked as a legal requirement!) that you give your LL and agent as much notice as possible that you intend to vacate the property at the end of the fixed term. Nornally people request a month but it is not a LEGAL requirement (Rugged Toast take note of this!)
I ALWAYS check with my tenants 6 weeks BEFORE their AST's are about to expire what their intentions are so we can renew on a periodic or another fixed as their circumstances dictate....if your LL/Agent doesn't formally check, they are sloppy and lazy.
Silver car is absolutely right. You must be out by midnight on 18th Jan 08 otherwise you will begin a new period and so would be due to pay a month's rent on 19th Jan under a periodic agreement and you would thus be LEGALLY required to provide the LL and agent with a month's notice.

thank you.

This is exactly what I thought it was ( although not quite as thoroughly, so thanks)

OK, so OH was on his way the tell the LA we wish to leave on the 18th of Jan and we wont be renewing our contract. I was posting a letter from work to that effect ( didnt have time, will do tomorrow) and he sees her in tescos.

he said oh just on the way to see you actually to say, we wont be renewing in january, we are moving out. she simply said well you have to give 2months notice so youll have to pay for febraury, put it in writing. OH simply replied, well do that right away.

there may be trouuuuuuubbbbbllllllllllllllle aaaaaahhhhhhhhhhhhead!

lynzpower

bumped for the daytime crew

RabbitMad

Write your letter to the LL and copy in the LA saying that you will be leaving the property at the end of the AST. The law seems to say (althought it feels like it goes against common sense) that you can just leave without notice on the last day of the tenancy. However as you are giving them a months' notice you should be OK.

As scrummymummy says, your contract cannot override statue so your LL cannot hold you to 2 months notice. However as the song goes "There maybe trouble ahead..." To counter that it might be best to put in your letter giving notice (in the polites terms possible) that the term in your contract is void as it overrides statue.

Maybe you should have a quick re-read of Eager learners thread to prepare yourself.

good luck

silvercar

I would write a formal letter notifying that you will be leaving at the end of the ast copied to the LA. Attach to it a note alongs the lines of,

I know OH spoke to you in Tesco's and he thought you said that 2 months notice was required. I have checked this with CAB/ Shelter/ my insurance legal helpline/ my friend the solicitor/ MSE (delete as appropriate) and the law does not require any notice if we intend leaving at the end of the AST, though through common courtesy we are giving you formal notice as attached.
We are of course happy to allow future tenants viewings if that is your desire.
Regards,
L+OH

May make it a bit less awkward.

lynzpower

brill silvercar, Ill write it up in a minute

Gah, also with this sharp moving business Im going to be without landline and internet for the duration of Xmas and probably on to ny....