Notice period - slightly confused

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    Notice period - slightly confused

    Hello

    I'm hoping someone can help me.

    I'm currently 9 months in to a 12 month contract which has a 6 month break clause. I have to give 2 months notice if I wish to move out. I will be moving out hopefully at the end of the 12 months but it may be as late as end of the 14th month. (depends on how quickly renovation goes on a house we are moving into)

    Can I give 2 months notice at the end of the 12 months and then move out end of 14th month? Or does the 2 months notice have to be 2 months before the 12th month?

    Many thanks in advance

    #2
    If you give Notice To Quit after the fixed term has expired, ignore what the written clause says [see s.5 of the 1988 Act].
    Instead:
    a. your NTQ needs to give L at least one month's Notice; and
    b. the Notice period must run up to & inc. the end of a month of the Statutory Periodic Tenancy.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Thanks for the reply - and my fixed term is that 6 months or 12 months in this case?

      Comment


        #4
        Twelve months, as the six-month point (when a break clause was available) has already come and gone.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Thanks Jeffrey, I'm hopefully going to be able to move out at end of the fixed term then by giving 2 months notice at end of the 10th month. I reckon that they'll ask me to resign at the end of the contract so it wouldn't go into Periodic tenancy.

          I'm sure if I need just 1 or 2 months over the contract end I'll be able to negotiate that, I'll just make sure I get it in writing. The letting agent and the landlord both seem nice and the landlord owns shop below me and the letting agent is the shop next door so I know them fairly well.

          Comment


            #6
            But you do not really need to give any Notice at all if you're merely doing what the Letting Agreement demands by moving-out on term expiry.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Ah thanks for that point, but I feel it'd be more courteous to do so, I'm sure they'll ask what my intentions are within the last 2 months anyway. At least I can just give a months notice in that case then as I should have a better idea about when the new place will be ready.

              Comment


                #8
                Yes, I agree that a courteous T ought to tell L (in advance) of what T intends to do when the Letting Agreement will end.
                My point was simply that it's not legally necessary, no matter what the Agreement stipulates.
                JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment

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