iscmatt
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| posted on 5/8/10 at 10:25 AM |
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Help with a tenancy query!
Hi guys hopefully someone on here can give me a bit of help!
I moved into the current property in october 2008 and had a one year lease to 31st August 2009.
In this first year I asked about extending the lease for a second year which was agreed (nothing in writing as i know the landlord) taking the
agreement to 31st August 2010. Yesterday I gave him notice that I would be moving out at the end of the month, ie 1 months notice, keeping to the
extended year agreement.
However he has said he wants 2 months notice!
I have been through the lease and it does not actually state what the period of notice is supposed to be so i would presume it is the standard 1 month
by law?
if you need more info i would really appreciate some help on this!
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Norfolkluegojnr
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| posted on 5/8/10 at 10:30 AM |
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I work in the estate agency industry (don't worry i'm not an agent), and as far as i'm aware there is no standard contractual period
to give notice on. Only what is in the contract.
If you agreed a contract extension of 12 months, then he can't hold you to anything more.
Moreover, did you sign a new agreement? if not i suspect he couldn't hold you to anything as the current tenancy will have lapsed last year.
Is there anything in the agreement about notice periods at all?
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BenB
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| posted on 5/8/10 at 10:34 AM |
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If there's nothing in the existing (lapsed) agreement then realistically I think you just have to show (re your deposit) that you gave
"reasonable" notice. A month is usually considered reasonable for a tenant to give.
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iscmatt
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| posted on 5/8/10 at 10:45 AM |
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Norfolkluegojnr
Yes it was an agreement to an extension of 12 months.
There was no new agreement signed.
There is nothing about notice periods at all (to my surprise)
BenB
Thanks
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Norfolkluegojnr
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| posted on 5/8/10 at 10:48 AM |
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He's stuffed then. If you didn't sign a new agreement (and there is no mention in the old one of it becoming a rolling contract), Plus the
fact there is no mention of notice in the original contract, he's asking you for 2 months, not telling you.
I would suggest ask him to provide you with the clause in your contract that states 2 months notice is a requirement. i suspect he may go quiet.
I take it this is a private tenancy, and not from a high street lettings agent?
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iscmatt
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| posted on 5/8/10 at 10:51 AM |
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Yes it is a private letting.
The lease is written by a solicitors & estate agents
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Norfolkluegojnr
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| posted on 5/8/10 at 10:54 AM |
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I guess when you renewed he didn't want to pay them another few hundred for a new agreement. If its not managed by an agent, often at the
renewal point people let this slide as it costs a bit.
Ask him to show you in your contract where it states the notice period, play dumb and say you can't see it. I bet he'll roll over and
agree to a month.
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MikeR
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| posted on 5/8/10 at 11:03 AM |
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If you pay monthly, then a months notice seems reasonable - the issue you may have is your deposit.
When i rented i took pictures of the flat the day i moved in and walked round with the estate agent pointing out all the flaws etc. When i moved out i
cleaned the place top to bottom. The estate agent was impressed how clean / tidy it was left (and didn't notice the little marks on the walls
etc).
No issue with getting the deposit back.
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jamiepearson69
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| posted on 5/8/10 at 12:02 PM |
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Lettings
Sadly, I'm in the Business
If the fixed term agreement has ended or is within one month of ending then as a tenant, you only need to give one months notice.
If you are still within the fixed term, then you cant do alot.
However I have lots of exsperence of this, so I know that if you leave at any point with or without notice, the legal fees are so large for the
landlord in going after the tenant, 99 times out 100 we just let them walk and re-let the property.
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Tommy P
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| posted on 5/8/10 at 12:03 PM |
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I let properties out both through agents and privately. Normally a 1 month notice is required for the tenant and two months for the landlord. It is
usually written in the lease, if not 1 month is reasonable notice on the tenants behalf.
If it's getting to be an issue, why not try the citizens advice.
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spiderman01980
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| posted on 5/8/10 at 07:36 PM |
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just had a read up and its the landlord that is ment to give you 2months notice and tenant gives one month
http://www.landlordzone.co.uk/notice_to_quit.htm
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