Rented property notice period.....

Slimbert

Slimbert

Messages
6,914
Name
Damien
Edit My Images
Yes
I think I know the answer to this, but here goes.....

We are looking to move out of our rented house in the next few weeks.

We are currently on our third 6 month contract, which comes to an end on the 11th of March.

We have given our landlord a months notice, saying we won't be signing another contract and that we'll be out by the 10th.

However, she's come back to me saying that the contract states we should give her 8 weeks notice (it does, in her handwriting), and she's trying to get us to stay for another month, after the contract ends.

My question is, are we obliged to stay that extra month beyond the end date of the contract, or can I politely tell her to **** off?!

Thanks in advance for any advice!! (y)
 
Standard notice is one month for tenants but landlords still have to give 2 months. I'd get advice on it if the contract you signed specifically says 8 weeks as this changed a while ago ie before you signed it.

As far as I know the 1 month is it and there are no exceptions. Landlord hasn't kept up with changes.
 
Last edited:
You need legal advice to be sure but my take would be if it's a contract you agreed to and signed then it's binding, either by you staying or paying rent in lieu.
 
Minimum contract is six months one months notice is all you need legally to give your landlord regardless of what she's written down.
 
I don't know what the legalities of this are. Does the 6 month contract over-ride the need for notice, for example, but my view on these things is you can do what you want.

The real question is, will it cost you money?
 
simon ess said:
I don't know what the legalities of this are. Does the 6 month contract over-ride the need for notice, for example, but my view on these things is you can do what you want.

The real question is, will it cost you money?
Click to expand...

No you still have to give a months notice if not renewing the tenancy agreement.
 
Aah, ok. Thanks for that Scott.

So it seems the OP has his answer. A month's notice it is.
 
Also make sure your deposit was and will be placed into the landlords deposit protection scheme.
 
pepi1967 said:
Minimum contract is six months one months notice is all you need legally to give your landlord regardless of what she's written down.
Click to expand...

Not sure this is correct as I found myself in the same situation last month and did some research.
 
rjbell said:
Not sure this is correct as I found myself in the same situation last month and did some research.
Click to expand...

Well I own a few properties myself and have done for about 6yrs and this is how it's always been done. Legaly done that is.

The law says minimum contract six months and the tenant can give notice of leaving up to 2 months. As long as you are up to date with your rent payments that is.
 
The lease you signed does it say on your copy 8 weeks notice or only on her copy?
 
All that is written on the contract is this: "8 weeks notice for leave". It's written as a bullet point, I haven't edited that in any way.

I've always understood that to mean that I have to give 8 weeks notice should I want to end the contract early.

We signed up for 6 months, and have paid for 6 months. I naively thought it would be that simple.
 
pepi1967 said:
Well I own a few properties myself and have done for about 6yrs and this is how it's always been done. Legaly done that is.

The law says minimum contract six months and the tenant can give notice of leaving up to 2 months. As long as you are up to date with your rent payments that is.
Click to expand...
I mean the notice of a month bit. If they want longer they can, I could not find anything that said they couldn't when I looked.

The problem i had was they wanted a calender month notice from the date I signed which was the 8th. I went in on the 10th thinking I could leave on the following 10th, but they said my months notice did not start until the 8th of the next month so I had to stay for almost 2 months.
 
Last edited:
Slimbert said:
All that is written on the contract is this: "8 weeks notice for leave". It's written as a bullet point, I haven't edited that in any way.

I've always understood that to mean that I have to give 8 weeks notice should I want to end the contract early.

We signed up for 6 months, and have paid for 6 months. I naively thought it would be that simple.
Click to expand...

And did you sign for with the agreement you would give 8 weeks notice to quit?
 
If the contract period ends on 11th March, how can you be charged beyond that date? You're not giving notice, just moving out by the agreed contract end date.
 
Johnd2000 said:
If the contract period ends on 11th March, how can you be charged beyond that date? You're not giving notice, just moving out by the agreed contract end date.
Click to expand...

That is exactly correct. You are just choosing not to enter into another contract (if I understand your intentions correctly).

The one month or eight weeks (whichever it is) only applies to moving out earlier than the end of the contract date.


Steve.
 
rjbell said:
I mean the notice of a month bit. If they want longer they can, I could not find anything that said they couldn't when I looked.
Click to expand...

If your contract is for six months and ends on the six months then under the law you owe no rent after that six months is up unless you have requested a rolling contract.

If you had signed a rolling contract this means I don't have get you to sign every six months but I can specify the amount of notice I will need before you quit.

If you wish to quit the property lets say in the middle of the month and the contract you signed said 8 weeks I can in theory make you stay until the end of the 8 weeks and if you left before hand keep your deposit as rent due.

But as from April 2007 your deposit has to be placed into a tenancy deposit protection scheme if it isn't I can be sued for a lot more than your rent will be worth and if it is in the scheme you can apply for it yourself under the tenant agreement act.
 
Steve Smith said:
That is exactly correct. You are just choosing not to enter into another contract (if I understand your intentions correctly).

The one month or eight weeks (whichever it is) only applies to moving out earlier than the end of the contract date.


Steve.
Click to expand...



Don't think you will find it's that simple.
 
pepi1967 said:
And did you sign for with the agreement you would give 8 weeks notice to quit?
Click to expand...

Not in my opinion, no. Hence why I gave her 4 weeks. I thought one months notice would be fine, since we are at the end of the contract.

She isn't at the point of being "arsey", so we might be okay. Just wondering where I stand should she demand that we pay another months rent.
 
Slimbert said:
Not in my opinion, no. Hence why I gave her 4 weeks. I thought one months notice would be fine, since we are at the end of the contract.

She isn't at the point of being "arsey", so we might be okay. Just wondering where I stand should she demand that we pay another months rent.
Click to expand...

I take it you have an official tenancy agreement and I take it she's a private landlord?
 
pepi1967 said:
But as from April 2007 your deposit has to be placed into a tenancy deposit protection scheme if it isn't I can be sued for a lot more than your rent will be worth and if it is in the scheme you can apply for it yourself under the tenant agreement act.
Click to expand...

Our deposit isn't in a protection scheme. Our deposit is held by the landlord, and this is also stated in the contract.
 
pepi1967 said:
I take it you have an official tenancy agreement and I take it she's a private landlord?
Click to expand...

Yep. We rent privately and there's a full AST agreement. It's a standard looking form, with a few hand written adjustments in the additional provision section, agreeing to us keeping a dog etc.
 
Slimbert said:
Our deposit isn't in a protection scheme. Our deposit is held by the landlord, and this is also stated in the contract.
Click to expand...

Then I think you have the upper hand.

http://www.depositprotection.com/legislation

From 6th April 2012, deposits for all assured shorthold tenancies (ASTs) in England and Wales must now be protected within 30 calendar days of receipt by the landlord, this change is as a result of the Localism Bill 2011.
Click to expand...


Steve.
 
Slimbert said:
Our deposit isn't in a protection scheme. Our deposit is held by the landlord, and this is also stated in the contract.
Click to expand...

Well in that case she breaking the law. As long as you moved in after April 2007 your deposit must be paid into one of the three schemes available two more schemes will be added in April this year. It must be paid in within 30 days. This is law not choice regardless of the bit of paper you sighed.

Remember as a tenant you have far more clout in a court than any landlord. So I would inform her you are leaving and want your deposit back.

As I said I am a landlord I own several of my own properties that I rent out. The info I have given you is the same I give to my tenants.
 
Last edited:
I'm sure there is some legislation covering rogue landlords who fail to protect a tenant's deposit - I think 3X the deposit can be claimed back, but I'd need to check to be sure.
 
pepi1967 said:
Well in that case she breaking the law.
Click to expand...

Which means the part of the contract about the landlord keeping the deposit is invalid.

I would argue (with your landlord) that it also makes the whole contract invalid and then tell her that you will be moving out on the tenth and that you expect to have your deposit returned within seven days.

If this doesn't work then find out if there is an official Of-something (like Ofcom, etc.) who regulate property rentals and tell her that she will be reported.


Steve.
 
Steve Smith said:
Which means the part of the contract about the landlord keeping the deposit is invalid.

I would argue (with your landlord) that it also makes the whole contract invalid and then tell her that you will be moving out on the tenth and that you expect to have your deposit returned within seven days.

If this doesn't work then find out if there is an official Of-something (like Ofcom, etc.) who regulate property rentals and tell her that she will be reported.


Steve.
Click to expand...


That's my point she's not supposed to have the deposit in the first place.
 
I'm really hoping she sees sense on this and doesn't start being funny.

We've been great tenants, always paying our rent early, always looked after the house etc. She's even said it's a shame we're leaving as we've been "perfect".

However she's pointed out in an email the "8 week" thing in the contract. We've politely replied saying we don't want to stay another month. We're really hoping her reply doesn't come back quoting the 8 week thing again, which could well start a mini war of words.

It's nice to have the DPS thing up my sleeve should things turn nasty.....very helpful info that. Thanks very much, peeps!! :)
 
Slimbert said:
I'm really hoping she sees sense on this and doesn't start being funny.

We've been great tenants, always paying our rent early, always looked after the house etc. She's even said it's a shame we're leaving as we've been "perfect".

However she's pointed out in an email the "8 week" thing in the contract. We've politely replied saying we don't want to stay another month. We're really hoping her reply doesn't come back quoting the 8 week thing again, which could well start a mini war of words.

It's nice to have the DPS thing up my sleeve should things turn nasty.....very helpful info that. Thanks very much, peeps!! :)
Click to expand...


Just found this too it may help it may not.

https://www.gov.uk/tenancy-deposit-protection
 
Just to update.....

One thing I didn't mention, is that our landlady is Chinese, and is currently in China for the New Year celebrations. She's saying that she'll lose income because 4 weeks isn't long enough to find a new client.....I'm saying any loss she incurs is a result of her not being here until the 4th to sort out viewings etc. Why she's moaning about this to us, and/or trying to put the blame on us, I've no idea.

Anyway, she's confirmed by email that she can't force us to stay an extra month, which is the first problem dealt with. We've stated that we'll be out by the 10th, and she's reluctantly accepted this.

The problem now, is getting the deposit back. I can see trouble ahead on that one!!
 
Slimbert said:
Just to update.....

One thing I didn't mention, is that our landlady is Chinese, and is currently in China for the New Year celebrations. She's saying that she'll lose income because 4 weeks isn't long enough to find a new client.....I'm saying any loss she incurs is a result of her not being here until the 4th to sort out viewings etc. Why she's moaning about this to us, and/or trying to put the blame on us, I've no idea.

Anyway, she's confirmed by email that she can't force us to stay an extra month, which is the first problem dealt with. We've stated that we'll be out by the 10th, and she's reluctantly accepted this.

The problem now, is getting the deposit back. I can see trouble ahead on that one!!
Click to expand...


Well I'm glad it's part sorted and I hope the info I gave you helped in part. The deposit will unfortunately be a problem to get back hence the law saying it had to be placed in a deposit scheme. It may be you will have to keep badgering her for it when she returns from her holiday.
 
Slimbert said:
The problem now, is getting the deposit back. I can see trouble ahead on that one!!
Click to expand...

Shouldn't be a problem, phone your local council, she should be registered. They no likey when landlords keep deposits. :)
 
We recently ended our tennancy, a couple of months ago the roof started leeking and was promptly repaired however our tennancy was up on Jan 23rd and we received a letter stating that the rent would be increased by £50 per month presumably to cover the roof repairs so we gave 4 weeks notice and moved out.The house is now on the market at the same rate we were paying
:shrug:
 
Jjm said:
We recently ended our tennancy, a couple of months ago the roof started leeking and was promptly repaired however our tennancy was up on Jan 23rd and we received a letter stating that the rent would be increased by £50 per month presumably to cover the roof repairs so we gave 4 weeks notice and moved out.The house is now on the market at the same rate we were paying
:shrug:
Click to expand...

A lot of landlords try to use this as a legitimate reason to raise the rent when in fact a landlord can't raise the rent to cover his house insurance for the repairs to the property but they do try.
 
my contract was an initial 6 months lease and then goes onto a rolling month by month contract. i have to give one months notice whether that is the last month of the 6 months or six years down the line....
 
You must log in or register to reply here.
Back
Top