Notice Confusion

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  • Notice Confusion

    My partner and I are looking to move in the near future and we have found a new flat, however my landlord has asked for 2 months notice.

    We have been in the property since August 2005 and the term on the contract states " A term certain of One Year from the Commencement Date"

    Are we stillobliged to give 2 months notice even if we have not signed a new agreement??

    We are on an Assured Shorthold tenancy Agreement by the way

    Any advice would be greatly appreciated

  • #2
    cont.

    jsut to note in our original contract it stated we needed to give 2 months notice.

    Comment


    • #3
      There is some debate on the notice period needed from the tenant, but I will summarise what I work on at the moment.

      1. Whilst within the confines of the AST you should stay until the end of the contract. You can leave at the end of the contract without giving notice. You may leave before but will need to pay rent until a suitable replacement is found, and the LL must actively look for a tenant.


      2. Once the AST has turned periodic, you MAY be obliged to give a maximum of 1 months notice which must end on a the day before a rent day. I believe no one has produced any case law to show this to be the case and therefore some posters will correct me and say you need to give no notice in the periodic tenancy.

      3. A clause in the AST cannot over ride the law and would be seen as a unfair term if you were taken to court or sued for not giving 2 months notice.

      Hope this helps and does not confuse the issue further.

      Comment


      • #4
        so essentially we are within our rights to give one months notice but we could be sued???

        I am confused sorry!

        Comment


        • #5
          You have agreed to rent the property for one year, normally you would be contracted to pay for the entire year but the landlord would have to try to mitigate his loss by finding a new tenant as quickly as possible if you decided to leave, however your landlord has offered you the option of leaving with 2 months notice, he is being very reasonable.

          "so essentially we are within our rights to give one months notice"

          No!

          "but we could be sued"

          Yes!

          Comment


          • #6
            we have already been there for a year, sorry I messed up with the dates, my fault.

            We actually entered the agreement in august 2004, I have been advised by a local lettings agency that we only have to give one months notice because it has now become a statatory periodic agreement.

            apologies everybody, its early!!

            Comment


            • #7
              Yes, in that case one month, (Protection From Eviction Act 1977).

              Comment

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