AIBU to ask my landlord to accept 1 months notice instead of 2?

[Ludoole]

I am currently waiting for confirmation that i have been successful in my bid for a council house.

However my current (private) lease is due to expire on August 24th (and apparently im supposed to give 2 months notice). I have been waiting for the right house to come up and didnt expect it to happen so fast so i had not pre-warned my letting agent. (Well what would have happened if id given him notice to quit and a house hadnt materialised?)
I have enquired in the past about a rolling contract but they insisted on a 6 month contract (probably so they can justify the £50+ charge for a new contract!!)

The main reason i started looking at council homes is because of the times the letting agent has messed me around with repairs. Ive been without a fire for over 2 and a half years and my oven has been broken for the last 6 weeks!!

Do you think it would be unreasonable to ask my landlord/letting agent 2 agree to a notice period of 1 month due to all the issues surrounding maintainance?

You can ask. I suspect you will either have to pay him the extra month, or foregoe your deposit in lieu. There again, he may be amenable if he can get a new tenant immediately.

Do not let your new house go over this. Move out anyway but expect to lose your deposit.

I hope you are happy in your new home - security of tenure is worth its weight in gold.

You could try challenging the contract by using the repairs (or lack of) as justification. Then you are both guilty of breach of contract and can cancel each other out. Don't know if that is doable legally?

Thanks for tha replies.
Dahlen, i think your idea is worth a go. Ive already highlighted the paragraph in the lease about what the landlord agrees are his responsibilities.

If i dont try, i wont succeed anyway.
Thanks again.

No harm trying, if you don't then you'll never know. I know some landlords who would let you off if they could get another tenant lined up quickly, and others who would stick to the letter of the contract. Good luck

When are you hoping to move in?

There is a possibility that you don't need to give notice if you are intending to leave at the end of the 6m AST period. Get CAB help on this FAST.

A LL is able to take possession back on his property at the end of the AST (usually 6m) UNLESS there is an extension or agreement for the tenancy to continue. If the LL/Tenant do not agree an extension the Tenant might be in a position to deem the 24th as the last day of occupancy. If this is a possibility, if you don't give notice on the correct day in July, the contract date, then you will have to wait until the next contract date which is 24th August and therefore you will potentially be stuck with the place until Sept or even Oct.

IIRC, you may be able to give your months notice on the day before the next payment date (24th July) and it would be legal for you to do so.

You could also post on Legal, google 'Ending a tenancy early' and looking on the Landlord zone forum.

If the agreement is for a fixed term, a tenant has the right to leave on the last day of the fixed term without giving any notice. If they stay even one day over the fixed term, they will automatically become a periodic tenant and will have to give proper notice unless the landlord agrees to them leaving.

Read more: www.tenancyagreementservice.co.uk/ending-a-tenancy-agreement.htm#Ending-a-fixed-term-agreement#ixzz20F5frfrC

If your money is held in a deposit scheme, then they can't legally hang onto your deposit without good reason.

Would you have liked your landlord to have given you one months notice instead of two??? Just pay the extra month or use the extra month to sort through your stuff properly and clean both places before finally handing back keys

Dropdeadfred

I would be happy to pay the extra month, but when ive been without an oven for 6 weeks, a fire for over 2 years and the maintenence man refuses to answer my calls or messages, (when ive taken time off work to wait in) i guess i thought it wasnt too unreasonable to ask for a months less notice.

And incase anyone is wondering why i havent left before, there is a distinct lack of private rental housing who are happy to take housing benefit as part of the rent.

HappyHissy
Thankyou for your advice. It was very helpful.

If you have an Assured Shorthold Tenancy, then legally, you are only obliged to give one month's notice to end at term end date (despite the terms of your contract). Therefore you could serve notice now to end on 24th August...

I don't think legally the Tenant has to give a month's notice, but it is usually good form to do so.

OP, visit that link, print it off and take it to your CAB asap, or contact Shelter and ask them, just to double check that this is the case. I'm fairly sure it is, but I am not a property lawyer.

As I understand it, the onus on renewing the contract is on the LL. The AST is for 6m, therefore on the day before the payment day, the contract is deemed to end. UNLESS the LL consents to a new agreement.

It is therefore expected that unless you reach agreement/draw up a new contract or just agree to stay on, that the tenancy will end on the last day of the agreement.

If you carry on living there on the day you would normally pay, that is IMPLIED that you are accepting a new (periodic) tenancy agreement, and THEN you need to give 1m notice. The LL would have to give you 2m.

If the Agent gives you a new agreement then you will be tied in for 6m at least.

Short version, you don't need to pay for any extra month, you don't need to give 2m notice and actually you may not be legally required to give notice at all.

No harm in asking, but be prepared for them to say no. Whether they agree will be down to the individual circumstances.

If your AST comes to an end and you haven't given notice or renewed, your tenancy automatically becomes a periodic tenancy and you are obliged to give one rent period as notice. Length of notice required will depend on how often you pay your rent, or rather how often it's due.

I know this because I had a very similar thing a few months ago with a very bad landlord and a very bad letting agent. We're currently going through arbitration with the deposit protection scheme due to other unreasonableness, but that's a different matter.

Check out forums like moneysavingexpert renting ones or the landlord zone one as mentioned above. Also speak to shelter, they may give you similar advice to that above. I agree with that btw, if you're in an AST then is there a notice period in the contract? Periodic tenancy would be 1 month tenant and 2 months ll usually, no?

That's my amateur musings, but you need expert advice, whilst remembering that just because its in the contract doesn't make it legally enforceable.

ask, why not? sometimes landlords have people on waiting lists, or want to do some refurbishment and are glad to let you go early.

Thankyou all so much for all your advice!!
Ive drafted a letter to the landlord which i shall post tomorrow, explaining that i have been an easy tenant despite the unresolved maintenence issues (which i listed!!). I have requested that he accept 6 weeks notice to quit (which takes me up to the final date of my tenancy).

I think its reasonable, but time will tell if he feels the same...
I shall seek further advice if he disagrees.

Many thanks to you again (and especially TheHappyHissy).
You've made me think clearly. Thankyou.

Ludoole - 6 weeks notice to end on the final date is perfectly fine. He can not insist on 2 months notice (AST is 1 month notice from tenant, 2 from Landlord). If he quibbles, go to Shelter or take legal advice