Is this correct???

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    Is this correct???

    All,
    I had a agreemeet which expired in Aug 2009. The written Notice was 3 months in that agreement.
    Recently the Landlord has given my notice ( 3 months) as he's selling. I also gave my notice when i found out he was selling.

    Its barely one week in to the notice period and already i'm sick of having Estate agents round etc etc.

    Am i right is saying because my agreement has run out that its become a rolling agreement meaning i only have to give 1 months notice?

    Any advise would be helpful. I want to get out asap and 3 months is too long.

    Thanks
    B

    #2
    Originally posted by brixtonbb1 View Post
    All,
    I had a agreemeet which expired in Aug 2009. The written Notice was 3 months in that agreement.
    Recently the Landlord has given my notice ( 3 months) as he's selling. I also gave my notice when i found out he was selling.

    Its barely one week in to the notice period and already i'm sick of having Estate agents round etc etc.

    Am i right is saying because my agreement has run out that its become a rolling agreement meaning i only have to give 1 months notice?

    Any advise would be helpful. I want to get out asap and 3 months is too long.

    Thanks
    B
    1) You don't have to allow these visits from agents or potential buyers

    2) Yes, one months notice to end on the same day of the month as your last AST ended.

    Comment


      #3
      Thats Fantastic. Thanks for the fast response.
      I don't mind about the visits. Its just i get no notice of them and i become to scared to leave washing up in the sink or my underwear on the radiators. It starting to feel like im a starnger in my own rented home. I Think its just a case of my landlord is so greedy he don't want to lose money. Regardless of the fact i'm a legal tenant.

      But i shall enjoy Letting him know that i only have to give one months notice therefore i will be moving out end of may.

      Thanks Again.

      Comment


        #4
        We are in the same position but from the other side, ie we are landlord selling property that is still tenanted. Our tenancy agreement states that tenant should be prepared to allow viewings by prospective new tenants or owners, provided 24 hours notice is given. Our tenant knew the property was on the market when he moved in, and so far seems happy to allow viewings and even gave our estate agent his own mobile number to contact him direct to arrange appointments. We have also requested estate agents accompany all viewings, so as not to inconvenience the tenant by expecting them to show people around.

        I think your landlord is taking advantage. I know there are instances where people will nose around looking at properties on the off chance someone would be at home, but I think you can refuse to accept viewings without appointments being made with you first. Its your home, you have a right to stop people just turning up unannounced.

        Comment


          #5
          Also another question. Does it matter that the expired agreement was for a 2 year term.
          If its expired does it still mean i only have to give one months notice?

          Thanks
          Barry

          Comment


            #6
            Originally posted by brixtonbb1 View Post
            Also another question. Does it matter that the expired agreement was for a 2 year term.
            If its expired does it still mean i only have to give one months notice?

            Thanks
            Barry
            Yes, once your 2-years came to an end you will automatically have a "statutory periodic tenancy". Common law states that notice is one month and the 1988 Housing Act (s5) says that anything in the original tenancy agreement regarding notice is not applicable once the fixed term has expired.

            Comment


              #7
              It is not clear if the notice you gave was for one month or three. If you have given three months' notice my immediate reaction is that the landlord is entitled to rely on it for the simple reason that giving longer notice than required does not invalidate the notice. If it holds for you it seems reasonable that it should hold for the landlord.

              Comment


                #8
                Originally posted by brixtonbb1 View Post
                All,
                I had a agreement which expired in Aug 2009.

                Its barely one week in to the notice period and already i'm sick of having Estate agents round etc etc.

                Am i right is saying because my agreement has run out that its become a rolling agreement meaning i only have to give 1 months notice?
                If this is an assured shorthold tenancy in England/Wales, with rent less than £2,083.33 per month, and the fixed term expired last year, and you pay rent monthly, then you must give at least one month's notice in writing to expire at the end of a rental period (not necessarily the same as rent payment periods).

                Periods are calculated according to when the fixed term ended, and the rental frequency. For example, if the last day of the fixed term was 15th August 2009, (and you pay rent monthly), then the periods would run 16th August - 15th September, 16th Sept - 15th Oct, and so on.

                So, using the above example, if you served notice today, 28th April 2010, the notice would have to expire on 15th June (or 15th July, 15th August, etc).

                Even if your tenancy contract obliges you to allow viewings, you do not have to comply to an unreasonable extent, at any time of night or day. It would, for example, be reasonable to say that you will allow viewings twice a week for two hours.

                Comment

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