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Oct, 2014

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  1. #1

    Default 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. #2

    Default

    All the details will be in your original AST, do you have it to hand?

  3. #3

    Default

    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

  4. #4

    Default

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

    http://www.landlordzone.co.uk/forums...odic-Tenancies

  5. #5

    Default

    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

  6. #6

    Default

    How can I be bound by a contract that ended???

    I need help for sure

  7. #7

    Default

    The more I read, the more confused I become

  8. #8
    Join Date
    Oct 2006
    Posts
    7,428

    Default

    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.
    Stalkers, please go over this comment with a fine tooth comb.

  9. #9
    Join Date
    Jul 2008
    Location
    Yorkshire
    Posts
    24,592

    Default

    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.
    How is education supposed to make me feel smarter? Besides, every time I learn something new, it pushes some old stuff out of my brain. Remember when I took that home winemaking course, and I forgot how to drive? Homer Simpson

  10. #10
    Join Date
    Jul 2012
    Posts
    495

    Default

    Quote 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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