Renting Question (landlord giving notice)
Renting Question (landlord giving notice)
Author
Discussion

Matt..

Original Poster:

4,031 posts

219 months

Thursday 18th September 2008
quotequote all
I have a 6month contract for renting a flat and am towards the end of it now (it started on the 1st May). Is it correct that even though the term is 6months, the landlord still needs to give 2months notice for me to leave? So if he wanted me to leave by the end of the 6months (which would be the end of October) he would have to of served notice before the 1st of this month? or am i just out when the conract ends at the end of October and he doesnt need to give me notice...

I am a bit confused, as unfortunately the landlord wants to sell, but i havent been given notice to leave.

Disco_Dale

1,893 posts

240 months

Thursday 18th September 2008
quotequote all
I'm in a similar situation.
Originally signed a 6 month agreement, but have signed nothing since (5 years later)
I understood either party only has to give a months notice to vacate, bit dicey really.

Disco_Dale

1,893 posts

240 months

Thursday 18th September 2008
quotequote all
Matt.. said:
I am a bit confused, as unfortunately the landlord wants to sell, but i havent been given notice to leave.
He might be selling with you as part of the deal, if someones buying to let it could be quite a bonus for them having a reliable sitting tenant.

Wings

5,970 posts

245 months

Thursday 18th September 2008
quotequote all
Shorthold Tenancy Agreements tend to be set for a 6 months period, then when the 6 months are up, the landlord will either issue a new Tenancy Agreement, or allow the present Tenancy Agreement to roll over. In the case of the latter the landlord needs to give a 2 months Notice, the same dated and served on the day of the month
the Tenancy Agreement started.

So if a 6 months Tenancy Agreement started on the 13th January, the earliest date the 2 months Notice could be served would be 13th April for vacation 12th June, and then after 13th May for vacation 12th July, then 13th June for 12th August etc. etc. etc.

screem

763 posts

231 months

Thursday 18th September 2008
quotequote all
Landlord has to give you two months notice, irrespective of your 6 month AST. Therefore if he/she wants you to leave at the end of the 6 months then he/she has to give you notice in writing after 4 months has passed.
Under an Assured Shorthold Tenancy, Rules state that the tenant has to give one month notice but the landlord has to give two. There should be something in writing stating all the above within your contract. If it isnt then the contract is probably flawed and the landlord is not in a great position.

Edit: poor spelling

Edited by screem on Thursday 18th September 20:46

screem

763 posts

231 months

Thursday 18th September 2008
quotequote all
Landlord has to give you two months notice, irrespective of your 6 month AST. Therefore if he/she wants you to leave at the end of the 6 months then he/she has to give you notice in writing after 4 months has passed.
Under an Assured Shorthold Tenancy, Rules state that the tenant has to give one month notice but the landlord has to give two. There should be something in writing stating all the above within your contract. If it isnt then the contract is probably flawed and the landlord is not in a great position.

Edit: poor spelling

Edited by screem on Thursday 18th September 20:47

Matt..

Original Poster:

4,031 posts

219 months

Thursday 18th September 2008
quotequote all
Cool, thanks for that. So as the landlord hasnt given notice, the earliest i can be expected to leave is now the end of November, and that is if i am given notice in the next couple of weeks.

Wings

5,970 posts

245 months

Thursday 18th September 2008
quotequote all
Correct, and obviously with a roll over Tenancy Agreement the advantages for the tenant are the flexibility on just being able to give at any time one months Notice. Alright the same does not give the tenant a long term security of tenure (2 months notice minimum), but in this present rental market, there is so much available to rent, that potential tenants are spoilt for choice.