tenancy question please advise

markymark10_2

I was wondering if any of you good people can help me with a question regarding the termination of our tenancy.

We have been in our current property for 3 years & have just given notice to quit. I have given the letting agent 5 weeks notice & informed him that we intend to leave the property on July 1st when our tenancy agreement expires.

We have now recieved a letter back from them stating that we must give 2 months notice & that we cannot leave ontil July 22nd.

Having checked all out original tenancy agreements the notice period in all of them has always been one month, however in our last agreement which due to the lettings agent was three months late being put into place, that term of notice was extended to 2 months, can anybody confirm if this is legal & will we have to give 2 months notice.

Also they have already put up a to let board outside our property & are marketing it on the internet & are asking us to make sure that the property is available for viewing. If we do have to stay two more months do we have to agree to this.

many thanks in advance

SquatNow

markymark10 wrote: »

Having checked all out original tenancy agreements the notice period in all of them has always been one month, however in our last agreement which due to the lettings agent was three months late being put into place, that term of notice was extended to 2 months, can anybody confirm if this is legal & will we have to give 2 months notice.

Not as far as I know... 1 months notice is the law. Just out of interest, did you return a signed copy of the new agreement to the Lettings Agent?

markymark10 wrote: »

Also they have already put up a to let board outside our property & are marketing it on the internet & are asking us to make sure that the property is available for viewing. If we do have to stay two more months do we have to agree to this.

Nope you don't. you are entitled to "quiet enjoyment" of the property. You are required to allow periodic inspections and emergency access for the landlord, LA or their agents.

Even if they wrote in the contract that you have to allow re-marketing (Quite a common term, but not legally enforcable) nothing would stop you making the property available for viewing between 05:00 and 05:30 and leaving the place looking a tip. Stink bombs are available from most joke shops.

If they turn up unexpectedly or late you can just turn them away and if they use the landlords keys to gain entry it is burglary and you are entitled to use reasonable force to defend yourself. Of course if they turn up unexpected or enter with the landlords keys and you happen to be walking around the house naked or giving your GF a good seeing to on the sofa there is nowt they can do either... if they force entry to your home then legally you behiave how you like.

Incisor

markymark10 wrote: »

... We have now recieved a letter back from them stating that we must give 2 months notice & that we cannot leave ontil July 22nd.

...

Also they have already put up a to let board outside our property & are marketing it on the internet & are asking us to make sure that the property is available for viewing. If we do have to stay two more months do we have to agree to this.

Probably one of your bigger levers of influence is to say 'If we have to stay 2 months, then no viewers and no sign until we are out'. Double check what you have actually signed up to.

tbs624

If you were on a fixed term AST (assured shorthold tenancy) then you didn't have to give them any Notice - you could simply have left at the end of the fixed term, although it is courteous to let a LL know in advance.What was the type/wording of your tenancy agreement?

If you are happy to let some viewings take place, you can insist on a time and date suitable for you, or say no to any - you're still paying rent & it's still your home.

Squat - whilst you are absolutely right that an agent has to check with the tenants & must not simply use or offer out keys to the property - it is *not* burglary - unless the agent/viewer is intending to give you a slap & swipe your widescreen telly. Burglary involves not only entering the premises but having the the intent to commit GBH, criminal damage or steal property ( or actually doing one of those things) once inside premises.

clutton_2

the law is very clear - outside of a fixed term - tenants need only give one months notice IRRESPECTIVE of what it says is in the tenancy agreement - LAs try this one on all the time so that they get their fees for the new tenants ASAP

squattie is right about "quiet enjoyment" - you dont have to let them in - but for teh sake of peace and getting your deposit back a bit more easily

why not just write and say that you have been advised that one month is all you need give, and as long as they are willing to accept that you will show round prospective tenants at your convenience - give 2 ore 3 slots in a week

tbs624

clutton wrote: »

the law is very clear - outside of a fixed term - tenants need only give one months notice IRRESPECTIVE of what it says is in the tenancy agreement .......

Given that the OP has referred to the Agreement having a July 1st expiry date, it's probably the case that s/he still is * within * a Fixed Term.