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Legal matters

Assured Shorthold Tenancy Agreement with NO notice? Is this ok?

8 replies

firstchoice · 26/08/2014 23:36

Hello
I am about to sign an Assured Shorthold Tenancy Agreement for 6m.

But there is NO notice period mentioned?

Landlady assures me all is fine and we have agreed 2m by email.

I HAVE to sign tomorrow or let it go and the kids new school places with it.

Can anyone advise pls?

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purpleroses · 26/08/2014 23:49

You can't be evicted for 6 months, and can't leave either during the first 6 months - that's what a six month tenancy agreement is. After that you and your landlady can both agree to sign up to a further 6 months (or longer) if you both want, or if you don't both agree to this, you can instead let the contract lapse into what's called a periodic tenancy, which normally means you need to give one month's notice, or your landlady needs to give 2 months to end it. So you should be fine as long as you intend to stay at least 6 months

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firstchoice · 27/08/2014 00:01

thanks, purple.

yes, intend to stay 6m at least (about 4 years is what I have planned!).

Need 2m min notice from landlady as have kids at the school and could be nightmare getting new tenancy as will be on benefits.

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Greengrow · 27/08/2014 14:05

I agree. it is basically a fixed 6 months on both sides. Do you know if the landlady might need the property for herself after 6 months or whether she is letting for the long haul?

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MerlinsUnderpants · 27/08/2014 14:27

An assured shorthold tenancy gives you certain statutory protections that cannot be taken away from you regardless of what is or isn't written in the contract. That includes your right of 2 months notice properly served to you.

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QuintessentiallyQS · 27/08/2014 14:31

I would assume you have a tenancy that ends in 6 months time and you should be prepared to move on the contracted end date of your tenancy, unless you sign a new contract before then.

The property may not be available beyond 6 months, and the agent may say whatever he needs to say in order to secure a tenant, with little regard to the truth.

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specialsubject · 28/08/2014 14:20

You cannot be evicted before six months. Legal minima are 2 months notice landlord to tenant, and 1 month tenant to landlord.

have you spoken to the landlady (NOT the agent) about longer term? She may not want to sign up for that at this stage - this protects her if you cause trouble. (Not suggesting that you will but this is what is sensible to her). But why not discuss your hope for a longer tenancy - you never know, she may jump at the idea.

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firstchoice · 29/08/2014 22:40

Aargh!

Have signed the contract (as has landlady,) dated, witnessed.

Sent it to Council for HB application. Granted. starts Tues when I move in.

Now got phone call and email from landlady saying: 'not happy re lack of guarantor' (prev discussed but not mentioned in Contract) and Contract is thus cancelled and she wants the Contract back!

What do I do now?

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SuedeEffectPochette · 29/08/2014 23:05

If you have a signed contract then she can't change her mind IMO. You can't unilaterally cancel such a contract. But, if you want to stay after the first six months you might need to placate her with a guarantor I guess or she could ask you to leave then.

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