giving notice

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    giving notice

    I was signed up to a 6 month contract which when we came to renew were told the owner was planning to sell and so we were put on a new month by month contract which we signed. now we have found a new place to live and wrote urn letter of notice giving a months notice. today the estate agent rang me and said that in our contract is states we must give two months notice! Now i have never had to give more than a month before and considering this is a monthly contract find it strange that we.now have to give 2 months.

    Any advice on where i stand ?

    #2
    Originally posted by swift373 View Post
    we were put on a new month by month contract which we signed.
    Assuming this was a contractual periodic tenancy agreement which you signed, then the provisions for notice in the contract will apply.

    What does the contract say exactly about this 'new month by month' arrangement?

    What does it say about giving notice?

    Comment


      #3
      Im not sure as i dont havee the contract to hand. so even on a monthly contract you could have a 2 month notice period. everywhere i had read it said that they would have to give 2 months but i would only have to give obey month.

      Comment


        #4
        Originally posted by swift373 View Post
        Im not sure as i dont havee the contract to hand. so even on a monthly contract you could have a 2 month notice period. everywhere i had read it said that they would have to give 2 months but i would only have to give obey month.
        That would apply to a statutory periodic tenancy (section 5, 1988 Housing Act). Yours appears to be a contractual periodic tenancy.

        Comment


          #5
          If a tenant has a statutory periodic tenancy, the sort the arises automatically, by law, (without anyone having to sign anything), after the end of a fixed term AST, then the T must give at least one month and the notice must also expire at the end of a tenancy period (so unless the T gives notice the day before the start of a period, then the notice period will be longer than one month).

          However, you say you signed a 'new month by month contract'. This suggests that you might not have a statutory periodic tenancy, but a contractual one agreed between you and the landlord. i.e. you and the LL signed an agreement saying that the tenancy is monthly/periodic, starting on such and such a date, with such and such notice provisions agreed (yes, it's possible for the tenancy periods to be monthly but for the T's notice period to be two months).

          It's impossible to advise further unless you tell us what the contract you signed actually says.

          Comment


            #6
            What is the difference? also they hadd told us 3 times previously when asked it was one month

            Comment


              #7
              The difference is a contractual one is governed by the terms of the contract. A Statutory one is governed by the terms laid down is statute (law).

              If you had not signed a new contract, the law would have given you a Statutory periodic tenancy.

              Comment


                #8
                Originally posted by swift373 View Post
                they hadd told us 3 times previously when asked it was one month
                What did the contract that you signed (and presumably read) say? When you can tell us what it says about notice, then we can give accurate and relevant advice.

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                  #9
                  I believe now that it does state two months so i don't understand why they would advise just the one month. it just makes.moving that more difficult as we have a property to move into in may which means potentially that will have to be delayed. the property were getting is through the same estate agents as well. were only moving now because we came home.from work one day after not hearing from them for 3 months to find it up for.sale.

                  Comment


                    #10
                    Just because it is up for sale does not mean you have to move.

                    Comment


                      #11
                      Originally posted by swift373 View Post
                      I believe now that it does state two months so i don't understand why they would advise just the one month.
                      In what way 'advise' one month's notice? Or did you assume it?

                      It is still possible that you don't have a contractual periodic tenancy. It entirely depends on what the contract you signed actually says. Unless you tell us what it says, we can't advise any further.

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                        #12
                        We could stay longer but the likelihood is we would stilmove at some point. plus we have them arranging viewing frequently

                        Comment


                          #13
                          Originally posted by westminster View Post
                          In what way 'advise' one month's notice? Or did you assume it?

                          It is still possible that you don't have a contractual periodic tenancy. It entirely depends on what the contract you signed actually says. Unless you tell us what it says, we can't advise any further.
                          It does intact say two months notice. when burying with them about it and the new property we applied for on 3 occasion we were.told 1 months notice. i guess this is the norm and they dudnt check out contract when advising ys.

                          Comment


                            #14
                            Please ignore spelling its my silly phone

                            Comment


                              #15
                              Even if you have a contractual T requiring 2 months Notice, it is possible that you are not unduly inconvenienced if it allows Notice to be served on any day of month to expire 2 cal months later.
                              SPT notice requirements are quite rigid ie must be served before end of 1 tenancy period to expire at end of next T period (not nec rent due dates) so get it wrong by 1 day and you would be liable for rent & property for almost 2 months
                              Unless you cut & paste relevent Notice clause, as requested, it is impossible to advise further. You are under no legal oblidation to allow viewings, even with advance notice, but if you want a good LL ref I would suggest negotiating 2 periods a week for 2 hours each, at times convenient to you to show property in best light (clean & tidy)& when you can be present.

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