Dispute over notice to quit.

[dumonline]

Hi, first time poster here seeking advice.

Myself and my partner moved in to a flat with a 6 month minimum contract. This contract expired on 28/12/2008, and we started seeking a new property.

We found something today, and put down the holding deposit, and gave notice to the agency we are renting through.

They are claiming we need to give 2 months notice if we wish to leave the property, and understandably the new landlord isn't willing to sit on the property for two months without it making any money.

I've done some research, mostly on this wonderful website, and it seems that the current agency are not allowed to demand more than one months notice, since the rent is paid monthly, and the minimum contract has expired.

The agency in question is Leaders Lettings, does anyone know if they have special rules regarding this, and what I can refer them to if they refuse to accept the one month notice?

Thanks,

AD

[Cathroc]

For an Assured Shorthold Tenancy I think you're required to give one months notice, but the landlord to give you two months notice if they want to end the agreement. Check the original agreement to see what it said as even though it's expired the same rule may remain.

[jta]

You only need to give one month's notice, to expire on the day before your next month's payment would be due. That's the law regarding periodic tenancies. If they gave you notice, it would have to be two months.

[Preston]

The agency in question is Leaders Lettings, does anyone know if they have special rules regarding this, and what I can refer them to if they refuse to accept the one month notice?

Thanks,

AD

Hi

Refer them to section 5(e) of the Housing Act 1988, which says that any term in the agreement which says you must give two months notice is invalid. So, your notice obligations are based on the common law, which means that if its a monthly tenancy you must give one month's notice ending on the first or the last day of a period.

You can get the exact wording of the Act from the excellent statutelaw website.

Preston

[dumonline]

Thanks for all the replies to this query.

I'll go and see the agency tomorrow armed with this information, does make me worry how many other people they have screwed with this clause though... Not many landlords will give you 2 months before moving in to a new property.

[dumonline]

A further question.

My partner asked this, if the clause stating 2 months notice in the tenancy agreement is unlawful, does this render the entire contract void?

We'd like to get away from these people as fast as possible!

[mind the gap]

A further question.

My partner asked this, if the clause stating 2 months notice in the tenancy agreement is unlawful, does this render the entire contract void?

We'd like to get away from these people as fast as possible!

No, unfortunately, I don't believe it does. Sorry! Just the unenforceable bits.

[Preston]

No, unfortunately, I don't believe it does. Sorry! Just the unenforceable bits.

Hi, I agree.

Preston

[Lawcruncher]

You only need to give one month's notice

..if the tenancy is mothly

to expire on the day before your next month's payment would be due.

NO! To expire at the end of a period of the tenancy.

If they gave you notice, it would have to be two months.

At least two months' notice.. and the landlord's notice is not of course a notice to quit.

[jta]

NO! To expire at the end of a period of the tenancy.

That's what I said, didn't I?