giving notice for rented flat advice needed

lynne1985

I've been in my current flat for 3 years but due to expansion of family i need a bigger place, anyway my tenancy agreement ran out November 2007 and i haven't signed a new tenancy agreement, landlord hasn't been in touch either about the length of the tenancy. My prediciment is that i have found a new place but need to give notice for the property im in just now i thought it was one months notice but after reading my old tenancy it appears to be 8 weeks, as the tenancy has expired do i need to stick to the 8 weeks notice? if i do i will lose the new place and its taken me since November to find suitable accomodation so don't want to go through all that again, any help would be greatly appreciated. Also how would i give notice? via a letter? as i've never done it before
Thanks Lynne

tbs624

If you have not signed a new AST, then the agreement will have become a Periodic one and under this if you pay your rent monthly then your LL has to give you 2 month's notice, but as a Tenant you have to give one month. The notice must end on the last day of a rent period: if you pay rent on 2nd of the month the notice has to expire on the 1st of a month, ie. if you wanted to move out on 1st July you would need to give notice by 2nd June - miss it by a day or two and you'd be obliged to pay rent through until 1st August. Your letter merely needs to say that you are giving one month's notice under the terms of Periodic Agreement and will be moving out on whichever date that is. Keep a copy of your letter and either hand deliver it or send Rec Del (allow for postal delay in your timing). You may want to arrange for the LL to call round to the property on an agreed date sometime in the last fortnight of your tenancy so you can check through anything that may cause disagreement or delay the return of your deposit.

PasturesNew

You are now on a periodic tenancy agreement.
You just have to give 1 month's notice ... BUT that is 1 month from a rent date.

Write down your next rent date
Add 1 month
That's your leaving date

You can hand in that notice whenever you like, you don't have to hand it in specifically on the rent date if it's not for another 2-3 weeks. It just won't start counting the month until the next rent date.

I'm sure your landlord would appreciate any extra time he gets to find a replacement.

chickmug

PasturesNew wrote: »

You are now on a periodic tenancy agreement.
You just have to give 1 month's notice

Are you sure even if the agrement says 8 weeks notice that you only need to give the one month. Do you know of any links to web sites that would confirm this. It is something that would have a beneficial effect on one of my family who need to move very soon.
Your help would be appreciated.

rich68

The 1 month's notice doesn't always have to be from a rent date. When I left my last flat the letting agency just gave me a bill pro rata for the next part month. I suppose you would have to check with the landlord or letting agent.

tbs624

rich68 wrote: »

The 1 month's notice doesn't always have to be from a rent date. When I left my last flat the letting agency just gave me a bill pro rata for the next part month. I suppose you would have to check with the landlord or letting agent.

To cover yourself legally it *does* have to coincide with rent dates: the LA/LA may, as in your case, agree to do things differently (especially if they have another Tenant lined up) but it's important for a Tenant to know the rules * before* s/he talks to their LA/LL. LAs give the wrong info sometimes, either through ignorance or just because they can

lynne1985

thanks everyone for the advice

lynne1985

i phoned my current landlord and informed him that i was intending on giving my notice in the next few days anyway he said that i have to give 8 weeks notice or i have to allow people to view the flat while im still in it (which i have no problem with) but also said if he does't find anyone to move in before i move out then i have to pay rent up until my 8 weeks notice is finished, im hoping to move into my new property by the end of June but i can't afford to pay an extra few weeks rent for this place plus rent for the new place, and i don't want to prospone the move as ill be 30 weeks pregnant by then and want to have everything sorted before the baby arrives. is there anything i can do or will i just have to hope that someone takes the property before i leave? thanks for reading Lynne

moneysavinmonkey

the advice in this thread is correct, if you tenancy is periodic you only have to give notice 1 month from rent day. If you are unsure or aren't confident to take the issue up with your landlord yourself then phone shelter and they will act on your behalf. their advice + help is free.
freefone number is: 0808 800 4444

terryw

moneysavinmonkey wrote: »

the advice in this thread is correct, if you tenancy is periodic you only have to give notice 1 month from rent day. If you are unsure or aren't confident to take the issue up with your landlord yourself then phone shelter and they will act on your behalf. their advice + help is free.
freefone number is: 0808 800 4444

Absolutely correct.

If the landlord is still insisting on two months (I think this is a genuine mistake on his part - not a try-on)another possibility is to suggest that you or him contact the TRO (Tenancy Relations Officer) at the local council who will no doubt confirm the information given here.
terryw

scorpio_princess

I'm glad someone asked this question as I was wondering about this too. In my case though, I have been served my 2 months' notice as my landlord is selling the property. I have checked my tenancy agreement (which has also gone on to a periodic tenancy) and it does state that I only have to give one months' notice if it falls into a periodic tenancy, whereas they must give me 2 months. The reason i'm asking is because I have found a new place, but the landlord is desperate to let it, and I love it so don't want to let it go. According to the Notice I was served with, I have to be out on 31st July, but i'd really like to be out by 30th June. My rent is paid on the first of each month, so am I right in thinking that as long as I get my notice to the LA by 31st May, I won't be liable for July's rent?

Sorry for hijacking your thread OP (btw I think your LL is wrong too) but I just had an awful feeling that because they've already served their 2 month notice, I have to just put up with it because it somehow supercedes any notice I give. Help!