Quit notice period and the Law

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    Quit notice period and the Law

    Hi everyone, I want to ask your advice

    I rent a flat and have an Assured Shorthold tenancy agreement for 12 months (ends in 3 months).

    Recenty considered to move out earlier but when I asked my landlord what is a notice period he said that it is 2 months. There is nothing about this in the agreement so I want to know if the landlord can require such a long notice period. Landlord keeps my 1 month deposit and I actually expected 1 month notice.

    What does Housing Act 1988 say about it?

    Thank you

    #2
    Your landlord must give you two months' notice to expire at the end of your fixed term, if he wants you to go.

    If you want to go when the fixed term ends, you can move out on the last day of the fixed term without giving him any notice, if you wish, although it is usually courteous to do so.

    If you want to leave earlier than the end of the fixed term, and he agrees to let you do so (this is called a surrender), then he can insist on whatever terms he wants, as he is not obliged to let you go early (unless your contract contains a break clause - does it?)

    Please explain what you men by this, though:

    Originally posted by Zakhar View Post
    Landlord keeps my 1 month deposit and I actually expected 1 month notice.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment


      #3
      You appear to be 9 months into a 12 month fixed term. As such you will remain liable for rent and property until end of fixed term or until LL gets a new T in if sooner. A mutual surrender can be agreed but it will cost you. I predict 2 months rent.

      Comment


        #4
        As Mariner says, you are tied to your binding contact until the fixed term ends, unless your LL agrees otherwise. You can leave at the end of the fixed term, or negotiate a "deal" with the LL to leave earlier. However, LL is under no obligation to accept, and can insist you see out your fixed term.

        Comment


          #5
          Originally posted by mind the gap View Post
          Your landlord must give you two months' notice to expire at the end of your fixed term, if he wants you to go.

          If you want to go when the fixed term ends, you can move out on the last day of the fixed term without giving him any notice, if you wish, although it is usually courteous to do so.

          If you want to leave earlier than the end of the fixed term, and he agrees to let you do so (this is called a surrender), then he can insist on whatever terms he wants, as he is not obliged to let you go early (unless your contract contains a break clause - does it?)

          Please explain what you men by this, though:
          Thanks for reply.
          I meant that I paid 1 month deposit and expected that I can give 1 month notice if I want to move out earlier. I did not expect that I can not break the contract. Will be more careful next time.

          Comment


            #6
            Originally posted by Zakhar View Post
            Thanks for reply.
            I meant that I paid 1 month deposit and expected that I can give 1 month notice if I want to move out earlier. I did not expect that I can not break the contract. Will be more careful next time.
            But you agreed to stay there for 12 months, I can not see why it is a surprise that you have to pay for 12 months.

            If you stay beyond the time you and the landlord agreed, then you can give 1 months notice (with certain conditions) to leave.

            Comment


              #7
              Regardless of what you paid in advance (some tenants pay 6 months in advance), you have signed a binding agreement to live at the property (or atleast pay rent) for 12 months. You cannot suddenly decide to change that fixed term period unless you can get your LL to agree.

              Your month's deposit, was that actually a security deposit or 1 month's rent in advance? If it is a security deposit, this should be held in scheme and protected to cover damage or repairs required at the end of your tenancy. If it was indeed a month's rent in advance, then you are a month ahead with your rent, but still need to pay a total of 12 months (11 including your initial advance payment). Your LL may agree to let you leave, provided all rent for the whole 12 month period is paid, but you must check whether your "advance" is rent or deposit.

              Comment


                #8
                Originally posted by Zakhar View Post
                Hi everyone, I want to ask your advice

                I rent a flat and have an Assured Shorthold tenancy agreement for 12 months (ends in 3 months).
                In other words, you signed a binding contract to pay rent for the full 12 months (unless there's a break clause).

                Recenty considered to move out earlier but when I asked my landlord what is a notice period he said that it is 2 months. There is nothing about this in the agreement so I want to know if the landlord can require such a long notice period. Landlord keeps my 1 month deposit and I actually expected 1 month notice.
                You, as tenant, can't 'give notice' to end the tenancy earlier than fixed term expiry (unless there's a break clause). You can only offer to surrender, an offer which the LL is free to accept or reject.

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