How much notice do I have to give?

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  • How much notice do I have to give?

    Hi I am new to this here goes.

    I am a private tenant, I signed a 6 month contract, I have been in the property 9 months and never signed a new contract.
    I use a letting agent, I have given 1 month notice in writing recorded delivery.

    I have received a copy of my first contract with the words highlighted:-

    If the Tenant intends to vacate at the end of the fixed term, or at any later date, he agrees to give the Landlord at least two month's prior Notice in writing.
    While the tenancy is periodic the two month's written Notice must expre the day before the Rent Due Date.

    Where do I stand? I have tried to research this, but I am getting confused

    Thanks in advance

  • #2
    All the details will be in your original AST, do you have it to hand?
    "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

    What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

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    • #3
      Yes, they sent me a copy with those words highlighted, my question is due to conflicting information on the web. I read that this clause is invalid as I am not in the original contract anymore, so a periodic tenancy is in place, and statutory law overrides contract law.... confused

      Comment


      • #4
        I'm confused aswell and I asked this question from the other side of the fence.

        http://www.landlordzone.co.uk/forums...odic-Tenancies
        "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

        What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

        Comment


        • #5
          My AST also states....... If on the coming to the end of the fixed term agreed above, the Landlord does not seek possession and the Tenant remains in the property, they will be considered, by virtue of section 5 of the Housing Act 1988, to have a statutory periodic tenancy. This will continue till ended by either party.

          Confuses me further lol

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          • #6
            How can I be bound by a contract that ended???

            I need help for sure

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            • #7
              The more I read, the more confused I become

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              • #8
                They are contradicting themselves.
                Saying that, your notice may be invalid anyway, as you say you have given a "1 month notice".

                What date did your tenancy start, and what date does your notice expire.
                Allow tenants to protect their own deposits. I want free money when they do it wrong

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                • #9
                  Tell your letting agent he is confused.

                  It is only if a T is exercising a break clause within a fixed term AST that he can be required, contractually, to give more than one month's notice.

                  Your tenancy is now a statutory periodic tenancy ('month by month' or 'rolling'). The statutory notice period for that is only 1 month. (For your LL to give you notice however, it is 2). The agent/LL cannot override that legal right, whatever nonsense they choose to write into the contract.

                  As long as you have given at least one month's notice to end on the day before the day of the month on which the tenancy originally began (have you?), then your notice is valid and your rent obligation ceases on the day it expires. If you stay even one further night after that day, though, you will owe rent for the following month.

                  BTW, you can still be bound by a contract even after your fixed term ends - but only in the terms an conditions which do not relate to the end of the fixed term. All the other stuff (rent, repairs, etc) can remain valid.. If no new contract is signed, your tenancy becomes a SPT by default and the old contract terms still apply, by and large, but with the statutory provisions now in place re ending the tenancy.
                  '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

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                  • #10
                    Originally posted by mind the gap View Post
                    Your tenancy is now a statutory periodic tenancy ('month by month' or 'rolling'). The statutory notice period for that is only 1 month. (For your LL to give you notice however, it is 2). The agent/LL cannot override that legal right, whatever nonsense they choose to write into the contract.
                    Can you point me to a law or ruling that backs that up - I have been looking at this problem and cannot find one. This is what I have found.


                    http://www.landlordlawblog.co.uk/201...eement-clause/

                    The conclusion in relation to 2 months notice is “My understanding is that any such clause will be void under the Unfair Terms in Consumer Contracts Regulations 1999.”

                    If you look at the UTCCR site it is full of stuff like this:-

                    3.74 An unreasonably long notice period for termination of an assured periodic tenancy agreement can lead to tenants paying for accommodation they no longer want or need. This is likely if tenants have to give notice long before they are able to predict their future needs. If tenants are required to give notice well before they would naturally be considering it, they could easily forget to give notice at the right time.

                    (Link to full document http://www.oft.gov.uk/shared_oft/rep...rms/oft356.pdf )

                    If the site contains hard facts on what is considered excessive notice I have not found them.

                    So unless anyone knows of a ruling on extended notice clauses it seems to be down to a matter of opinion.

                    I think the only thing OP can try is writing to LA and saying that having taken advice the clause is invalid due to the Unfair Terms in Consumer Contracts Regulations 1999 and see how they reply.

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                    • #11
                      It is not a matter of opinion, but rather a well known established fact that clauses on determination included in the agreement for a fixed term AST become ineffective in the following statutory periodic AST.

                      Housing Act 1988, section 5:
                      (3)The periodic tenancy referred to in subsection (2) above is one—
                      ...
                      (e)under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy
                      Thus, the common law rules apply for notices by tenant.

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                      • #12
                        thank you for the help, this is what I have been reading all along. I do think that I am going to have problems as this is a large letting agent I am dealing with, I have given written (signed for ) notice for one month, I have asked for a reply stating when they want keys? and checks of property etc?

                        No reply from them as yet, other than the pink highligted words I put in my first post.

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                        • #13
                          Be aware that your one month notice must include a complete tenancy period, i.e. if you moved in on the 10th of the month your notice must end on the 9th of the following month. (Tenancy periods may not be the same as your rent due dates.)
                          I offer no guarantee that anything I say is correct. wysiwyg

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                          • #14
                            JJ, Thanks for the clarification in post #11.

                            On looking further into this there seems to be doubt over whether clauses in the TA mentioning a notice period for when the tenancy become periodic create a contractual periodic tenancy. Anyone know the answer to this?

                            Comment


                            • #15
                              Originally posted by daveg View Post
                              On looking further into this there seems to be doubt over whether clauses in the TA mentioning a notice period for when the tenancy become periodic create a contractual periodic tenancy. Anyone know the answer to this?
                              I think that in order to create a CPT that intention has to be specifically mentioned. In the absence of that, or as in OP's case, where the original AST says an SPT will arise then the statutory provisions as per notice stand. Only with a CPT can a LL require a longer notice, and unless the AST or some new document specifically enumerates that it creates a CPT then the statute must prevail.

                              The OP's contract specifies an SPT is created and tries to vary the notice period, it can't have it both ways, the contradiction in itself would seem to make it an unfair term even without the fact that contract may not overrule statute as per Housing Act S5 :-)
                              I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

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