Can Tenant give two months' notice at any time?

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  • Can Tenant give two months' notice at any time?

    Hi,

    My girlfriend has a tenancy agreement that sets out a minimum term of three months and then requires a two month notice to leave to be given by the tenant. She has been there 4 and a half months and now wants to leave. Does she have to give her 2 months notice on a rent day or can it be given at any time?

    Thanks.

  • #2
    If she is not in the fixed term period any more and the contract is periodic (running month to month) she only has to give 1 month notice to end on a day before the rent is due

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    • #3
      Okay, thanks for the reply.

      I haven't seen the tenancy agreement but I think it may be something other than a standard AST as I was under the impression that an AST needs to have min term of 6 months. So I'm not quite sure whether the normal rules for periodic would apply here.

      The tenancy agreements makes no mention of when notice needs to be served other than 2 months notice needs to be given. So the question remains, does this notice need to be given on a rent day or not.

      Thanks.

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      • #4
        Originally posted by JSQ View Post
        Okay, thanks for the reply.

        I haven't seen the tenancy agreement but I think it may be something other than a standard AST as I was under the impression that an AST needs to have min term of 6 months. So I'm not quite sure whether the normal rules for periodic would apply here.

        The tenancy agreements makes no mention of when notice needs to be served other than 2 months notice needs to be given. So the question remains, does this notice need to be given on a rent day or not.

        Thanks.
        An AST can be for less than 6 months, it is just that a LL can not evict the tenant under S.21 of the housing act during the first 6 months.

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        • #5
          Ok thanks for clarifying -I actually realised my error after posting. I will check the agreement and see if it is in fact an AST.

          Comment


          • #6
            So..... if it turns out that the agreement is in fact an AST is the 2 months notice period actually enforceable or is one month a statutory requirement?

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            • #7
              Originally posted by JSQ View Post
              So..... if it turns out that the agreement is in fact an AST is the 2 months notice period actually enforceable or is one month a statutory requirement?
              Neither of the above. L cannot enforce these periods, contractually or by law.
              T has an AST. When its fixed term ends, T can either:
              a. stay resident, holding-over on a statutory continuation tenancy; or
              b. leave on that expiry date (and does not need to give any notice then).
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

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              • #8
                Ok so how do I actually know if it is an AST or not? Does it have to say AST on the document, or is any residential tenancy agreement automatically an AST?

                And assuming that it is an AST, she would only have to give ONE month's notice -would this notice have to expire on a rent day or not?

                Thanks.

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                • #9
                  If there is a residential letting in E&W, the Housing Act 1988 will apply by automatic operation of law, unless the Act itself excludes its applicability (e.g the cases set out in Schedule 1).

                  IF the Act applies, the letting is an AST, unless the parties make it into an SAT (i.e the cases set out in Schedule 2A).
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                  • #10
                    And to answer the second question, then yes, the tenancy is now periodic so the notice must end on the last day of a rent period. So if the original tenancy was from 4th of the month, a period ends on 3rd month. The next leaving date for your GF would therefore be 3rd April, if she lets the landlord know before 4th March, but allow for delivery. (Substitute your own dates, obviously.)

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                    • #11
                      Hi

                      I moved out within the time of mine STA . Ther reason was the reason was that all the other tenants decided to move out and I couldn't effort to pay the rent on my own . I've moved out from the property before other tenants did and left contact details of my new address to the Landlord .The rest of the tenants just abandoned the property .Since this time the lanlord has cashed the bond . Today I've recieved a letter with only my name on it stating that I owe over 700 Pounds for refurnishing the house as well as the monthly rent for the whole house . I know as a fact that the other tenants who just abandoned this place have a piece of mind .

                      My question is as follows

                      Can the Landlord charge me for refurnishing the rooms ( mine was A OK as i was leaving the property according to thle landlord ) and can i be forced to pay the full rent although i was usinsg only one bedroom sharing the house with three other tenants ?

                      Thank you very much for any advices in advance

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