Notice of termination of tenancy post fixed term AST

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  • Notice of termination of tenancy post fixed term AST

    Hi, We signed a memo of agreement to detail a month by month agreement to run consecutive to our initial 6 month AST. The end date of the AST was 05 October 07.
    The memo states that 1 month notice is required by the tenant to vacate the property and 2 months by the LL. We gave notice on 12 February to terminate the agreement on the 20 March (which is five notice). The LL is stating that we must end our agreement with 4 weeks notice but to end on the 05th of the month, i.e. 05 April. He is quoting the Housing Act Statutory Periodic ???.
    Is this true or can we end the tenancy on any date provideded we give 1 month notice?
    The LL has our deposit and I dont trust him, should I hold off the last rental payment until this is resolved? Can he hold the deposit on the basis we owe rent?

  • #2
    Your LL is correct ( sort of ) if your fixed term has already run out and you are now on a periodic tenancy, then any notice should expire at the end of a rent period ( i.e. the day before the next rent payment is due )

    HOWEVER - You say he has signed a document to state that only one months notice is required???? Does this therefore leave him open?? I'm not sure.


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