in need of advice notice to quit

[shonama]

Hi all

I need to give notice on my property as i need to move urgently now i have emailed my landlord twice and sent text's and tried to call but have had no response my problem is i need to give 2 months notice from the date of the start of tenancy so that would equate to the 7th of the month sotherefore i would in theory not be able to move till 7th sept there was however a part in tenancy stating if i could find suitable tenant then i would only have to give 30 days notice but obviously without knowing how to go about this i am in limbo as to know what to do for the best i have a property to let but depending on how long i have to give notice i could lose house and end up homeless and also how is the best way to word my notice to quit letter and could the landlord be breaking contract due to no response from emails calls or texts in 48 hours
many thanks for any help in this matter

[MrJohnnyB]

What does the agreement say about giving notice? Does it specify the method required.

Are you still within the fixed term of the contract?

[shonama]

the agreement says that i need to give 2 months notice from the date of the start of tenancy which was 7th february
and yes i am still within the fixed term contract as it is due to expire on 7th august

but it also states if i can find a new tenant i only have to give 30 days notice but am unsure where i stand as if i was to find a new tenant and gave the 30 day notice required and the prospective tenant pulled out where would that leave me would i still b allowed to leave after the 30 days or would i have to wait the extra 30 days to cover the 2 month notice period its just difficult for me as obviously having a property to move into and not knowing when i can and if my potential new landlord will hold the property untill september as this is 11 weeks away

[Snorkerz]

In addition to MrJohnnyB's questions...

What date did you current/last tenancy agreement begin?
How long was it for?
Is there a break clause?
Is there an address for the service of documents give on your tenancy agreement? Notice usually has to be given in writing
If your agreement has ended, does it just say '2 months notice required' in the general part of the agreement, or does it specifically say - after the end of this agreement, 2 months notice will be required?

[shonama]

the date tenancy started was 7th february 2011
it was for a duration of 6 months
not sure what a break clause is
there is no address in my documents but i do have landlords adress
agreement not ended but i was advised that i would have to give 2 month notice regardless of when teanacy ends but as stated in previous post states i would only have to give 30 days notice if i was to find a suitable tenant

[westminster]

the date tenancy started was 7th february 2011
it was for a duration of 6 months
not sure what a break clause is
there is no address in my documents but i do have landlords adress
agreement not ended but i was advised that i would have to give 2 month notice regardless of when teanacy ends but as stated in previous post states i would only have to give 30 days notice if i was to find a suitable tenant

i am still within the fixed term contract as it is due to expire on 7th august

Unless the contract specifies an 'end' date of 7th August, then a six month term commencing 7th February 2011 will expire on 6th August 2011. If you move out on that date, you do not have to give any notice at all (regardless of what it says in the contract), but it'd still polite to tell the LL if that's what you intended to do.

When do you actually want to move out? If it's after 6th August then you will have to give proper written notice.

[Snorkerz]

You can leave on 6th August without giving any notice whatsoever (although it would be courteous to do so).

You signed a fixed term tenancy agreement to rent the place from 7/2/11 to 6/8/11. You have not signed anything to say you will be there beyond that date.
If your landlord says you haven't given 2 months notice (which you don't have to, but...) tell him you gave him 6 months notice when you signed the agreement.

EDIT: Darn it - Westminster beat me to it.

[shonama]

many thnks for help in this matter i have since spoken to landlord and she has told me i NEED to give 2 months notice regardless unless i find a new tenant then i only have to give 30 days notice but have to give this on the 7th of july
i do understand that i need to give landlord notice and have explained to my landlord that i need to move at the earliest possible time due to family commitments and in all fairness would of preferably liked to of moved before the school holidays are over so the children can start the new year in september

[Mrs Mug]

Shonama,

if you tell us what date you would like to move out, we will be able to better advise you.

[Snorkerz]

Your landlord is wrong and can not make you do this if you intend to leave on 6/7/11. See posts 6 & 7.

What is he saying the consequences of just going on 6 July would be?

[shonama]

i would like to move out preferably by end july but if i have to wait till the 6th august then that wouldnt be so bad as to having to wait until the 7th of september as i at the moment have a house being held for me.
i didnt ask the landlord what the consequences would be if i left on 6th july but however in the tenancy it states if i end early i would have to pay advertising of property fees + vat and a whole load of other fees etc

[Snorkerz]

Sorry, my typo. Should have said 6th August.

You will be liable for rent until 6/8/11, but you can move out whenever you want!

[Mrs Mug]

i would like to move out preferably by end july but if i have to wait till the 6th august then that wouldnt be so bad

Ok, you have to pay your rent up to 6th August, but you can move out at any time before then.

You have a contract that finishes on 6th August, so you do not have to give your landlord any notice whatsoever, if you didn't want, because that is what the law says.

[shonama]

so when the landlords management agency said in an email and this is from email i got

It is two months notice regardless of when your tenancy ends.


is this in fact not true and because the tenancy is due to be renewed in august if i wish not to renew i can in theory just up and leave
many thanks to you all for advising

[MrJohnnyB]

You have a contract that finishes on 6th August, so you do not have to give your landlord any notice whatsoever, if you didn't want, because that is what the law says.

Agreed, a lease cannot be open ended ie needs to be for a term certain to be a lease!

so when the landlords management agency said in an email and this is from email i got

It is two months notice regardless of when your tenancy ends.


is this in fact not true and because the tenancy is due to be renewed in august if i wish not to renew i can in theory just up and leave
many thanks to you all for advising

Are said agents a member of any regulatory body? This advice is definately misleading bordering on criminal.