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geob
18-08-2006, 11:19 AM
Hello,

I'd like some advise please.
I've been at my flat for 18 months, and had a 6 month AST, which had a clause specifying that I need to give 2 months notice. After this contract expired, nothing new was signed.

I've since handed in my notice, and in lieu of any other contract, I've assumed this turned into a periodic tenancy, and so I only gave one months notice.

My landlord and letting agency both disagree saying that the clause in the AST still stands, and I need two months notice.

This may all come to nothing, as there are a lot of viewings, so its possible they find a tenant for the disputed month anyway.
However if this isn't the case, I'd like to be prepared.

I've tried looking in the housing acts, but they're not really in a form of English for a mere mortal to understand.

To start with, am I right?
And if I so, where can I find evidence to prove my point to my landlord. He sounds very reasonable, and is getting his information from the letting agency.

Thank you,
Gill.

pms
18-08-2006, 11:48 AM
As you are on a perodic tenancy which rolls over from month to month you would only have to give one months notice.In the original AST is there a clause with the words"after expiry of the fixed term and if there has been no determination of the tenancy" then the terms will be the same or words to that affect.You need to read S21 HA(1988) which will give you the information you require

lawstudent
18-08-2006, 12:36 PM
... a 6 month AST, which had a clause specifying that I need to give 2 months notice
What was the precise wording of the clause?

geob
18-08-2006, 16:53 PM
The clause is:

This agreement can be terminated by giving at least two months calendar written notice, by recorded delivery, to the Landlord's address; the two months notice period not in any event expiring before the end of the A.S.T. In the event of the Tenant's circumstances changing and subject to the Landlord agreeing to release the Tenant from the A.S.T. before the end of the term of the A.S.T. an administration charge of £100.00 will in any event apply.

pms
18-08-2006, 17:02 PM
The clause is:

This agreement can be terminated by giving at least two months calendar written notice, by recorded delivery, to the Landlord's address; the two months notice period not in any event expiring before the end of the A.S.T. In the event of the Tenant's circumstances changing and subject to the Landlord agreeing to release the Tenant from the A.S.T. before the end of the term of the A.S.T. an administration charge of £100.00 will in any event apply.

I would look at this two ways:

1) This would only apply to the original 6 month term

2) In my opinion it is an unfair term in a consumer contract.

If you read into this term it is very loose (the two months notice period not in any event expiring before the end of the A.S.T.)

geob
18-08-2006, 17:30 PM
If you read into this term it is very loose (the two months notice period not in any event expiring before the end of the A.S.T.)


How do you mean?
As I understand it, this means that you can't leave before the 6 months are up, if you do you have to pay £100.
Is there another interpretation that I'm missing ?!?

MrShed
18-08-2006, 18:18 PM
I would agree with pms that this term would not stand. Personally, I would give them one months notice and leave. If they want to sue you for the £100 then let them, the court can decide whether the term is fair or not...either way you have not lost out, bar the small court costs that may be awarded against you if you lose. But the chances of this happening are probably very slim, it is unlikely realistically that they will persue you in court for the money.

observer
18-08-2006, 19:58 PM
The clause is:

This agreement can be terminated by giving at least two months calendar written notice, by recorded delivery, to the Landlord's address; the two months notice period not in any event expiring before the end of the A.S.T. In the event of the Tenant's circumstances changing and subject to the Landlord agreeing to release the Tenant from the A.S.T. before the end of the term of the A.S.T. an administration charge of £100.00 will in any event apply.

This in my opinion is unfair and i personally think that it would not stand up in court on its own. However the LL MAY try to deduct this from your deposit so the ball would be in your court to persue the landlord for your money in the small claims court.