Notice required for tenant

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  • Notice required for tenant

    Hello,

    I'd like some advise please.
    I've been at my flat for 18 months, and had a 6 month AST, which had a clause specifying that I need to give 2 months notice. After this contract expired, nothing new was signed.

    I've since handed in my notice, and in lieu of any other contract, I've assumed this turned into a periodic tenancy, and so I only gave one months notice.

    My landlord and letting agency both disagree saying that the clause in the AST still stands, and I need two months notice.

    This may all come to nothing, as there are a lot of viewings, so its possible they find a tenant for the disputed month anyway.
    However if this isn't the case, I'd like to be prepared.

    I've tried looking in the housing acts, but they're not really in a form of English for a mere mortal to understand.

    To start with, am I right?
    And if I so, where can I find evidence to prove my point to my landlord. He sounds very reasonable, and is getting his information from the letting agency.

    Thank you,
    Gill.

  • #2
    As you are on a perodic tenancy which rolls over from month to month you would only have to give one months notice.In the original AST is there a clause with the words"after expiry of the fixed term and if there has been no determination of the tenancy" then the terms will be the same or words to that affect.You need to read S21 HA(1988) which will give you the information you require
    Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

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    • #3
      Originally posted by geob View Post
      ... a 6 month AST, which had a clause specifying that I need to give 2 months notice
      What was the precise wording of the clause?
      Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

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      • #4
        The clause is:

        This agreement can be terminated by giving at least two months calendar written notice, by recorded delivery, to the Landlord's address; the two months notice period not in any event expiring before the end of the A.S.T. In the event of the Tenant's circumstances changing and subject to the Landlord agreeing to release the Tenant from the A.S.T. before the end of the term of the A.S.T. an administration charge of £100.00 will in any event apply.

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        • #5
          Originally posted by geob View Post
          The clause is:

          This agreement can be terminated by giving at least two months calendar written notice, by recorded delivery, to the Landlord's address; the two months notice period not in any event expiring before the end of the A.S.T. In the event of the Tenant's circumstances changing and subject to the Landlord agreeing to release the Tenant from the A.S.T. before the end of the term of the A.S.T. an administration charge of £100.00 will in any event apply.
          I would look at this two ways:

          1) This would only apply to the original 6 month term

          2) In my opinion it is an unfair term in a consumer contract.

          If you read into this term it is very loose (the two months notice period not in any event expiring before the end of the A.S.T.)
          Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

          Comment


          • #6
            Originally posted by pms View Post
            If you read into this term it is very loose (the two months notice period not in any event expiring before the end of the A.S.T.)

            How do you mean?
            As I understand it, this means that you can't leave before the 6 months are up, if you do you have to pay £100.
            Is there another interpretation that I'm missing ?!?

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            • #7
              I would agree with pms that this term would not stand. Personally, I would give them one months notice and leave. If they want to sue you for the £100 then let them, the court can decide whether the term is fair or not...either way you have not lost out, bar the small court costs that may be awarded against you if you lose. But the chances of this happening are probably very slim, it is unlikely realistically that they will persue you in court for the money.
              Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

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              • #8
                Originally posted by geob View Post
                The clause is:

                This agreement can be terminated by giving at least two months calendar written notice, by recorded delivery, to the Landlord's address; the two months notice period not in any event expiring before the end of the A.S.T. In the event of the Tenant's circumstances changing and subject to the Landlord agreeing to release the Tenant from the A.S.T. before the end of the term of the A.S.T. an administration charge of £100.00 will in any event apply.
                This in my opinion is unfair and i personally think that it would not stand up in court on its own. However the LL MAY try to deduct this from your deposit so the ball would be in your court to persue the landlord for your money in the small claims court.

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