Technical point regarding giving notice (as a tenant)

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    Technical point regarding giving notice (as a tenant)

    Hello all,

    I'm aware of a technical point regarding me (as a tenant) giving notice to the landlord. I'm aware the practical answer will probably be 'negotiate' but from a legal point of view, I'd like to know where I stand.

    I have:

    12 month AST running 15th August 2012 to 14th August 2013 (fixed term)
    I am looking to move, but this will almost certainly be AFTER 15/8/13 but BEFORE 15/9/13

    How do I give notice to ensure I can leave on 14/9/13, ie allowing the fixed term to fall into an SPT?

    I ask because I recall that to end an SPT, a months notice is required, but you can't give it until the SPT arises, and once it has arisen, you can't give a full months notice because that time has passed.

    #2
    You are the victim of the draftsman of the statute. The answer to your question is: "You cannot."

    Comment


      #3
      That said, if you give at least a month notice, expiring on correct date, it is likely to be accepted.

      Comment


        #4
        Originally posted by jjlandlord View Post
        That said, if you give at least a month notice, expiring on correct date, it is likely to be accepted.
        Thank you both. I had suspected as much. It now depends on how clued up landlord (and agent) are, though them not giving me the prescribed information (despite protecting the deposit - I checked) leads me to conclude he may not know I can't give proper notice to end on 14/9/13.

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