AIBU to only give one months notice rather than two - rental

[Freddiefox]

Hi
I want to hand in my notice in on my tenancy.
My contract says I need to give 2 months notice, however I only believe I need to legally give 1 months notice as long as that ends on the same date my tenancy started, So in effect I would be giving 6 weeks.

I’m out of my fixed period and on a rolling contract, but the contract says 2 months notice is required.

So would I be unreasonable to insist on one month and only pay for the next 6 weeks?

Your contract is incorrect. The law, which a contract cannot override, says a landlord must give 2 months notice and a tenant only 1 month.

In short, you have it right

@CuriousaboutSamphire

Thanks, am I right in thinking though that if my tenancy started on the 16th it has to finish on the 16th?

It depends on if your tenancy is statutory or contractual periodic actually. If its contractually periodic then you are bound by the terms set out so you would have to give 2 months notice. But is the ll really going to chase you for the money? If its stat periodic then its one month ending on the first or last day. To check which you have depends on what it says will happen once fixed term ends. If it says nothing then its stat. If it says it will continue monthly or periodic then its contractual

You can give 1 months notice, it doesn't matter what date you give it, or what date it ends on. It doesn't matter what the TA says, the law says the tenant can give 1 month.

Nottalotta is very wrong if you have a statutory periodic yes you give 1 months notice but it has to end on first or last day of tenancy period so you were right in your original post but ONLY if your TA is STAT periodic. Sorry Op just don't want you listening to incorrect advice

If it is a contractual periodic, you must follow the contract, which if it says you must give 2 months then you must. If you choose not to, the ll can take the month owing out of the deposit as per the contract (tenancy agreement). Other posters are wrong and I do wish people would stop saying things like your TA cannot override the law. Whilst it's true that as a tenant you cannot contract out of some statutory rights like gsc and deposit regulation, a tenancy agreement is a contract and a ll can request 2 months notice and many do, and if you did not like the terms you could have negotiated harder to have them removed. If you are unsure whether you have a statutory periodic or contractual periodic, read the TA and if contractual periodic it will say something along the lines, at the end of the fixed term the tenancy can roll on and the tenant shall continue to be bound by the terms of this agreement.

@Joe2019 and @Nottalotta

This Agreement is intended to create an Assured Shorthold Tenancy as defined by section 19A of the Housing Act 1988 (as amended) and shall take effect subject to the provisions for the recovery of possession set out in section 21 of that Act.

This is what it says under type of tenancy.

There is nothing that says it’s a statory periodic or a contractual periodic tenancy.

If I owe 2 months, then so be it as long as it’s legal

That's a normal, every day, statutory AST. As you have ended the original contracted period, the Assured part, you are now in a rolling contract, a Statutory Periodic Tenancy, you therefore have to give 1 months notice and yes, it must fall in line with your tenancy date. So you technically have until midnight of the 15th but realistically you should hand over keys etc within normal office hours.

Other posters are wrong and I do wish people would stop saying things like your TA cannot override the law Why? It is true. If a tenant has an AST then nothing the landlord adds that is outside the scope of an AST can be obligatory without express agreement.

These should be recorded as additional clauses in Section G and specifically cannot change any of the statutory clauses... like increasing deposit, notice period etc. They are usually about pets etc.

But all legal additions to an AST are supposed to be expressly agreed to by both parties.

To tell whether you have a statutory or periodic contract- refer to the part where it says -

"this is for a fixed term of x months" -if it says nothing after this then you have a stautory periodic and therefore the housing act (staute) applies and that says that you only need to give one months notice etc

If it says "this is for a fixed term of x months" and will contine as rolling/monthly/periodic then you have a contractual periodic and you have to give notice exactly as it says in the contract.

You also have a 3rd option and can try an agree a leaving date with the agent/LL - just make sure you get this in writing.

Hope that's a bit clearer.

CuriousaboutSamphire apologies -but you are incorrect in the advice that you have given.

Joe2019 and me are correct. I also agree with them- posters should not give legal advice unless they are qualified to do so.

You do not have all the facts to give that advice, which has implications for OP. If they do not end the tenancy correctly then they are potentially liable to pay rent until they have.

We do not know if the OP has a stat or periodic contract because as explained it depends on the wording. Only if they have a stat -does "the law" (housing act 88) apply. Otherwise, contract law applies.

Anyway- derailing- sorry OP.

OP - negotiate first about ending your tenancy on agreed date, the law only really comes into it if you can't reach an agreement.
Try and and post what it says re the fixed term and I will be happy to tell you which sort of agreement you have. Or if you want to PM so it doesn't get even more confusing ...

@Sargass0 is correct, there's some dangerous misinformation going on here. I think some people have heard "contract cannot override your statutory rights" and have misapplied that principle here. A Statutory Periodic Tenancy is what you get if, and only if,, your tenancy does not set up a Contractual Periodic Tenancy after the fixed period ends. If you have a CPT you are bound by its terms. SPTs exist just to give you a default position if your contract doesn't provide terms for after the fixed period, it's not a minimum set of rights that can't be overridden.

Listen to Sargass and ThePants. The dangers of Mumsnet, beware of people giving wrong advice.