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Do you need WRITTEN NOTICE after a year's rental?

4 replies

milkmonsters · 04/03/2010 15:08

I have put this on the appropriate Legal Board but there's rarely anyone there so seeing as this is the most popular Board, thoguht better chance of soneone with experience in the matter might be able to offer some advice?

I had lived at this address for over a year on a standard Assured Shorthold tenancy for the first 6 months as required by law.

Does the below mean that having lived there over a year, I did NOT have to provide Written Notice to leave?

One of the sub-points of my then tenancy contract:

'Not to determine the tenancy before the expiry of the term, except by notice in writing of month length IF THE TENANCY IS TWO YEARS OR LESS .. termination of the Tenancy within the FIRST SIX MONTHS will incur a fee of at least one month's rent'

OP posts:
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iheartdusty · 04/03/2010 15:16

sorry I am a little confused.

Do you mean that there was a written agreement for 6 months, and you have stayed on (perfectly lawfully) after the 6 months and now more than a year has passed?

If so, you have become a periodic tenant - ie you are a tenant from month-to-month. The tenancy will keep running unless you or the landlord brings it to an end.

If you want to end it, you do have to given written notice, but it isn't because of the sub-point in the tenancy agreement. It is because the Protection from Eviction Act requires it.

You should give a minimum of one month's notice and it should ideally end on the day before the rent is due, although this isn't essential as you are the tenant.

The rules for landlords are stricter.

milkmonsters · 05/03/2010 00:46

'Do you mean that there was a written agreement for 6 months, and you have stayed on (perfectly lawfully) after the 6 months and now more than a year has passed?
'

Yes.
The landlord is taking me to court because I didnt give written notice - only verbal. At the time of verbal notice he was perfectly accepting of my decision to leave.

I kept to the date I gave for leaving.

He then found it impossible to find new tenants, so is taking me to court because it took him so long to find new tenants after I left, but is claiming it's because I didnt give written notice.

The excerpt is from my tenancy contract.

OP posts:
LittlePushka · 05/03/2010 00:50

what is the contractual term of the tenancy?

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iheartdusty · 05/03/2010 20:39

this could be tricky. Have you tried calling Shelter for advice?

I think you could argue that as he started to look for new tenants, he accepted your verbal notice and cannot now object to it. But I do recommend you get advice on this.

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