Advice on notice period - please help!!

[emmambp]

I'm wanting to move out of a flat that I am currently renting. The written tenancy agreement was for a fixed 6mnth tenancy period which expired last Oct 07. I am assuming that, as my landlord has not issued a new fixed term agreement that this would then mean that I am now on a periodic rental agreement, and as I pay my rent in monthly installments, would therefore only legally be required to give 1 months notice of my intention to vacate. The problem I have is that the original tenancy agreement contains the following:

'The tenancy shall be for the fixed period of 6mnths from the 1st May 2007. From then the tenancy continues automatically under statute on the basis of a 2 month notice period, on the same terms as the agreement until terminated in writing by 2 months notice from the last rent due date, in accordance with the Housing Act 1998 (as amended 1996).'

Does this mean that I am legally bound to having to give 2 months notice?? or does the fact that the fixed term agreement has expired mean that anything written on the original agreement is invalid?? I'm desperate to find a way around this as I have found a flat I'm wanting to move to but it would be gone within 2 months and I can't afford to pay the rent on 2 properties at the same time.

Can anyone answer this one for me?? Many thanks x

[Paul_f]

No you only have to give one months notice even if the AST says differently - the two months is that required by the landlord. It should be effective at the end of the next rental period. i.e. if you serve notice now and your rent is next due on 1 March then your tenancy can end on 31 March.

[emmambp]

Hi Paul,

Many thanks for getting back to me, that sounds like great news for me! Just to clarify, is this because anything written in the original contract that goes against the laws of the Housing Act will not stand up in court? I gave my notice in writing before the end of January, but the landlord asked me to highlight that whilst I am aware that I am contractually obliged to give him 2 months notice, it is my desire for this period to end sooner. Will this mean that he has tricked me into not giving official notice, or worse still, that this can be deamed as my acceptance to such terms??

Really worried about this, but appreciate your time and help! x

[Colincbayley]

You have signed an agreement saying you WILL give two months notice, Your LL may well try and hold you to this.

However, the housing act says that only one months notice is required.
It would be a foolish LL who tried to hold you to the two month period.

[jeffrey]

Just to clarify, is this because anything written in the original contract that goes against the laws of the Housing Act will not stand up in court?
No. The one-month-notice-by-T rule is based on common law pronciples and is nothing to do with Housing Act 1988.

[emmambp]

so does this all mean that I have to give 2 months notice, or can I get away with just giving 1 month??