6 month notice on tenancy

[defuqshudido]

I'm a bit clueless here and asking on behalf of a family member because it just feels a bit off.

He is renting a property, it's in an absolute state of damp and ceiling cracks however the landlady hasn't done any repairs in the 5 years he has lived there.

He now wishes to leave and find somewhere new. Upon checking his tenancy agreement, we found his notice period is 6 months. Isn't this a bit long? Apparently the landlady says if she finds someone else to put in during the notice period he can leave immediately.

He is struggling to find somewhere on the provision that he may have to wait 6 months to move in, landlords tend to want someone in ASAP and not have an empty property for six months.

He feels trapped and I'm not surprised. I'm pretty sure his deposit isn't in the DPS either but he is frightened to speak to her about it as he is worried she won't give him a reference.

Any advice? I'm baffled.

Shameless bump!

Hi there
Is he sure it says 6months notice - is he getting confused with a break clause? (see below)

If it is an assured shorthold tenancy-here are the ways to end it so there is no further liability to pay rent.

1)Fixed term contract- check to see if there is a break clause which will say how to end the tenancy early.

2)If tenant and LL agree to a date to leave, this is known as a mutual surrender no "notice" is required whatever phase of the contract you are in. It may have conditions though especially in the fixed term.
Make sure to get the agreement in writing and ensure the LL agrees to a date that the rent liability will end.

3. If on a periodic / rolling contract (not fixed term) then the notice you have to give to end your liability for rent will depend on 2 things.

a) If it is contractual periodic notice will need to be given according to what is stated in the contract so for example -if it says 2 months then that is what you need to give.
b) If it statutory periodic, then you will only need to give what the law says. So 1 months notice ending on the first or last day of the tenancy period.

If the agreement states something along the lines of "at the end of the fixed term, this agreement will continue on a month to month or periodic basis"- then you have a contractual periodic agreement and a applies.

If the agreement says nothing about what will happen at the end of the fixed term, then you will have a statutory periodic contract and b applies.
Might be worth getting the agreement looked at.

england.shelter.org.uk/housing_advice/tenancy_deposits

Sorry forgot to mention- disrepair is a separate issue - it does not mean a "get out" unfortunately but can be used as negotiation if LL is difficult in ending the tenancy.
england.shelter.org.uk/housing_advice/repairs

No, that's not legal.
If he is within the last 2 months of a fixed term tenancy, or the tenancy is periodic, then the notice period is one full rental month.

Ok thanks for the info. I just thought it was a bit odd and is making it impossible for him to find elsewhere. I was looking through his tenancy agreement last night and it's like someone has just whipped it up on word in 5 minutes. I'm assuming it's a rolling contract as he has only ever signed one tenancy agreement and that was when he first moved in. It says nothing about whether it's a 6 - 12 month etc fixed term.

I've told him to get the agreement looked at, he is worried sick that the landlady has him by the balls as he says he needs her reference to rent elsewhere.

Is there some governing body of landlords?

You can only end a fixed term tenancy by using a break clause if there is one or by mutual surrender. As I said above there are 2 types of periodic tenancy and different conditions apply.
I do this stuff for a living so know what I'm talking about otherwise I wouldn't post. OP - what I have said is correct.

Yup as above but hubby works for the largest housing association in Glasgow and damp/wet/dry rot is grounds for complaining to landlord guys who would enforce improvements etc.

He's worked there 19yrs and has seen worst of worst in black mould etc

I'm taking it relative has complained about the situation?

Zero experience myself but seek out some non MN advice and they can guide you

@Nightfall1 thank you it's much appreciated.

I've just rang him and asked him if it actually says in writing that the notice period is 6 months however it doesn't say it anywhere. The landlady has just told him this verbally.

If he doesn't have it in writing does a verbal contract fit in?

Hi defuqshudido

You're welcome.

If it doesn't say it in the contract (I must admit 6 months notice would be very rare) then no -her telling him it's 6 months is nonsense!!

It sounds as though he is now on a rolling contract from what you said above-so if the tenancy agreement doesn't state what will happen after the fixed term ends- it will be a statutory periodic- therefore it will be one months notice ending on the 1st or last day of the tenancy period.
Example- if the agreement starts on the 15th of the month - then to give one months notice now would take him to the 30th August but for it to end correctly- his liability for rent would have to end on the 14th of September. I hope that makes sense!

If the tenancy agreement states that at the end of the fixed term this will continue month to month or on a periodic basis or words to that effect -it will be a contractual periodic and the notice he has to give will be what it says in the contract.

So if it doesn't state what notice needs to be given- it could be argued he doesn't have to give any notice at all but to be on the safe side (if LL does decide to go to court for outstanding rent) it would be best to give notice as above (statutory) - so he's covered!

BTW he can still give the correct notice and move out if he finds somewhere else- he doesn't have to stay there- it just means that he will still be liable for the property and the rent until the notice ends. (although it would mean an overlap of rent for a month)

Hope this isn't too confusing. Any others q's - hopefully I will be able to answer!

@Nightfall1 lovely, that's really informative. Thank you for taking the time out to answer me

I'd suggest that he contact Shelter as the contract sounds dodgy from your description, it may not even be a legal contract.

Did he pay a deposit? If so, has he received the appropriate notification of where it has been secured. If not he may have some leverage over his landlord as there are penalties (up to three times the deposit) for not properly doing so.

The MSE House buying, renting and selling forum has loads of advice on this type of problem.

@RamblinRosie he paid £1000 deposit with no information where it has been stored. He didn't even know what the DPS scheme was, I doubt that it has been stored correctly. He is petrified that if he brings the issues up with her she will give him a bad reference. He has lived there for 5 years and has done lots of decorating and DIY up to what he is capable of, just the damp and the big cracks in the ceiling - she completely ignores him when he rings her. Just says she will sort it.

I can help him with future deposits and what not, I've told him not to worry but he is bloody clueless. I want to shake him!