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Nobodyanybody
08-02-2009, 17:39 PM
We have signed a 12 month contract on a flat. We are now in the 10th month of that contract.

The contract states that we must give two months notice to move out.

Does this mean we have to give 2 months notice now, or can we just move out at the end of the 12 month contract that we signed?

Does the 2 months notice only apply if we stay here beyond 12 months without signing a new contract?

jta
08-02-2009, 17:48 PM
You could leave on the last day of the contract without giving notice if you wish but it would be better to let the LL know that you intend to leave. If you go into a periodic tenancy then you need to give only one month's notice, to the end of a rental period, the LL would have to give you two month's notice.

Nobodyanybody
08-02-2009, 17:55 PM
Thank you for the quick reply.

Just a little confused where the 2 month notice comes into a 12 month contract.

We will give the LL notice that we do not wish to renew the contract.

jta
08-02-2009, 18:11 PM
Within the contract the LL can lay down conditions, when it becomes periodic then statutory law takes over, and that says 'one month for tenants, two months for LLs'

Nobodyanybody
08-02-2009, 18:14 PM
ok, thanks so much.

Paul_f
08-02-2009, 21:44 PM
Within the contract the LL can lay down conditions, when it becomes periodic then statutory law takes over, and that says 'one month for tenants, two months for LLs'Not quite. L still must serve Notice according to S.21 even during fixed term if he wishes to end the fixed term. I say this as it might confuse the OP otherwise.

Nobodyanybody
09-02-2009, 11:30 AM
Now I'm confused again.

We don't wish to renew the fixed term, just move out at the end of it.

But with less than two months to go and the contract stating two months notice, do we have to give two months notice which would take us over the twelve months, or can we move at the end of the twelve months?

mind the gap
09-02-2009, 11:50 AM
Now I'm confused again.

We don't wish to renew the fixed term, just move out at the end of it.

But with less than two months to go and the contract stating two months notice, do we have to give two months notice which would take us over the twelve months, or can we move at the end of the twelve months?

No you don't have to give any notice if you leave on (or before) the last day of your twelve month tenancy. You can just walk away. It is a courtesy to inform the LL, but not a legal requirement.

Your LL, on the other hand, does have to give you two months' notice (if he is the one wanting the tenancy to end, rather than you).

And if you stayed beyond the twelve months (although you don't intend to, I know), then you too would have to give one month's notice.

It is my understanding that a LL cannot write a clause into an AST contract to require a T to give two months' notice before the end of the fixed term. Have I got that wrong?

jeffrey
09-02-2009, 12:04 PM
It is my understanding that a LL cannot write a clause into an AST contract to require a T to give two months' notice before the end of the fixed term.
Yes, that's correct.

Nobodyanybody
09-02-2009, 21:53 PM
Thank you all.