AST tenancy notice period

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  • AST tenancy notice period

    Hi,

    Firstly I'd like to apologise if this has been answered elsewhere - i did do a search but couldnt find the exact answer to the question im about the pose.

    My tenancy term runs out on the 31 July 2005, I curently live in a shared house with 4 others. We recieved a letter from the landlord giving us 2 months notice and he requires us to notify him by 31 May 2005 if we want to remain in the house for the next 12 months from 31 July 2005. At this moment in time, I cannot give him an answer due to job movements and the fact that I have a couple of personal issues to sort out over the next 2 weeks. If i dont tell him by the 31 May, does that mean that he can show others round the house to potentiallly replace us.

    Also when i moved in, there was no inventory, if something has gone missing since he first started renting the house (3 years ago), how do i ensure i dont get it taken out of my deposit as i only moved in 10 months ago?

    Many Thanks

  • #2
    No you do not have to allow people in for viewings and if there is no inventory that is to your benefit as the onus of proof is on the LL and he will be unable to prove what he provided.He cannot legally keep any of your deposit on this basis.

    Comment


    • #3
      At what point does is the landlord legally required for us to tell him if we are staying. I assumed that we have to notify him at least a month before the end of the agreement if we are staying/leaving. Is there a standard lenght of time?

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      • #4
        I stand to be corrected but I believe a s21 has to be unconditional to be valid meaning that if he offered to renew the AST he has invalidated the s21 notice.

        Can an expert please correct me if I'm wrong.

        Comment


        • #5
          We havent actually seen a form. He just wrote a letter saying that he was terminating our contract on 31 July and that we had until the 31 May to tell him if we intended to stay for an additional year. After this time he would show new tenants round.

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          • #6
            Ha! Another dumb landlord!

            Originally posted by plumberman
            We received a letter from the landlord giving us 2 months notice. If this is so he might as well have sent you a case of beer as a present as the letter on its own is meaningless which you can safely ignore.I've since added a correction on Page 2 of this thread to this answer.

            We havent actually seen a form. He just wrote a letter saying that he was terminating our contract on 31 July and that we had until the 31 May to tell him if we intended to stay for an additional year. After this time he would show new tenants round. 1. He hasn't terminated your contract (he doesn't know how to!). 2. When he finds out he's been a bit of a fool, then the process might well start again, but you don't have to tell him he's no idea! Until you receive a valid S.21 Notice (there's two versions, only one of which will be correct) then you can keep on living there. Again see my later correction.
            As Jennifer says, he can't withhold your deposit legally without an inventory, and he can't impose upon you the showing round of new prospective tenants at anytime if you don't want to let him.
            Last edited by PaulF; 03-06-2005, 18:08 PM.
            The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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            • #7
              Many Thanks for that. My final question is how much notice do I have to give if I plan to move out on the date the tenancy agreement finishes i.e 31 July. I assume it is a month but do i actually have to give notice?
              Supposing we receive the section 21 form, do I have 2 months from the date to vacate the premises irespective of the date that the contract finishes. I.e if i receive the section 21 form on the 1 July, would i have until the 1 Septamber to leave, or would i still have to move out on the 31July as thats when the tenancy agreement finishes. I would like to make it known that i do not intend to be difficult over this matter, I just dont want to make any rash desicions on moving out..

              Thanks

              Comment


              • #8
                plumberman -what you have written is correct.You don't have to give notice but always get two months.It is courteous to let your LL know your intentions.

                Comment


                • #9
                  Thank you, I intend to be courteous about the whole matter. Do you have any advice on the question regarding the 2 months and when it is served. i.e if it is served 1 month before the end of the contract, do i still have 2 months lee way or does the agreement end on the 31 July even if the LL doesnt send a section 21 form?

                  Thanks

                  Comment


                  • #10
                    plumberman - the LL ALWAYS has to give 2 months notice.If you don't get an s21 the tenancy will continue as a periodic tenancy - with 2 months notice.

                    Comment


                    • #11
                      Yeah, just to reword it a different way - until the LL sorts out his froms, the ball's in your court. You decide when you want to leave plumberman, and give 1 month's notice before that time (as I understand it).

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                      • #12
                        Correction!

                        I posted earlier on this thread that a letter from the landlord giving notice would not be sufficient, but if it has the correct information that the landlord has to provide to the tenant then it would be alright. There is no prescribed form for a S.21 Notice so providing the format of the notice was correct then it would do!
                        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                        Comment


                        • #13
                          Correction!

                          I posted earlier on this thread that a simple letter from the landlord giving notice would not be sufficient, but if it has the correct information that the landlord has to provide to the tenant and correctly served then it would be alright. There is no prescribed form for a S.21 Notice so providing the format of the notice was correct then it would do!
                          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                          Comment


                          • #14
                            Paul - You are answering your own quiz questions!

                            Comment


                            • #15
                              Don't you think I don't know that? It's something that's used in the Technical Award exams where a question will be repeated in a different paper but with a different format just to see who's guessing and who really knows the answer!

                              There's 7 more questions though and it will show who's looked at this thread first!
                              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                              Comment

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