Fixed term AST notice?

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    Fixed term AST notice?

    We (my wife and I) current rent a house and have an AST, which is for six months. The period of which runs from 14th January 2006 to 13th July 2006.

    We received a “notice to quit” last week giving us four weeks notice, it was not served under section 21 and we have pointed out to our landlord that his letter is invalid and would need to issue a new notice giving us a minimum of 2 months and that it has to be served under section 21. I believe this to be correct.

    We are actually happy to leave, but need the two months to find another property.

    As our fixed term AST runs out on the 13th July 2006, what would be the earliest date our landlord can ask us to leave?

    Thank you very much.

    #2
    Assuming the landlord has no other grounds for possession, e.g 8 weeks' rent arrears, he must give you at least 2 months' notice, and the notice should expire on the last day of a rental period. Assuming you pay monthly on 14th of each month, the earliest he could now ask you to leave would be 13th September.Others here will hopefully confirm this.

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      #3
      I would agree with Caroline on this one. You may also want to do a search on previous threads regarding when you can leave after the AST has expired, and whether you need to give your landlord any notice. Previous threads have generally concurred that once your AST has finished, and the landlord has issued a valid S21 notice, you do not need to give one month's notice as you are complying with his request to leave before (S21 leaving date).
      This might be useful if you find somewhere that is available after 13th July for immediate occupation.
      Best to be polite and factual with the current landlord though as this should smooth the path of getting a reference and deposit return.

      Comment


        #4
        I would not agree with Caroline on this one as the tenancy is not yet a periodic one, shevans is still in the fixed term which doesn't end until 13th July 2006. Provided the notice is issued within the fixed term it doesn't need to expire on the last day of a rental period. So if the landlord was to issue a notice now that shevans would be expected to receive tomorrow the earliest date it could expire is 20th August 2006.

        However this is not the date the landlord can ask shevans to leave. I would never stay on past the expiry date of an S21 but from what I've read round here it seems to be pretty normal and expected.
        ~~~~~

        Comment


          #5
          Thank you all for your help, I was unsure as to when legally our leaving date would be. I suppose we have to wait to see what the post brings each morning…

          Comment


            #6
            ruthless is right on this one...the end of a period only applies to periodic. " months should apply in this case though.

            Zoe

            Comment


              #7
              I wanted to bring this thread back to life.

              We have now received a notice to quite, with all the details correct, which expires on the 13th October 2006.

              It was sent to us by our landlord solicitor record delivery, he has however asked that we sign a copy of the notice and return it to him “by way of receipt”

              I just wanted to make sure that this was normal practise?

              Thank you.

              Comment

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