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Notice needed?

6 replies

lilyruin · 01/09/2014 17:08

Just a bit confused and need some advice please.
We signed a 6 month tenancy in June 2013, but haven't signed an extension, or new tenancy, nor does it mention anything about a rolling tenancy in the original tenancy.
We are about to exchange on a house near by, and plan on completing at the end of October.
Where do we stand legally in regards to how many weeks notice we have to give? I don't want to ask the landlord or agent unless they tell us to get out now, and we are not yet sure of the exact date of completion.
Does anyone have any substantial knowledge of this kind of thing please? Where do we stand?

OP posts:
Pippidoeswhatshewants · 01/09/2014 17:19

Once your contract ends you are automatically on a rolling monthly contract. I think the standard notice period is 4 weeks, but I would double check that.

loveisagirlnameddaisy · 01/09/2014 17:31

As Pippi said, you are automatically assumed to be on a statutory periodic tenancy after the initial fixed period (6 months in your case) expires. Neither side has to sign anything to agree to this, it happens by default.

Your obligation if you want to move is to give a month's notice in conjunction with your rent date. So if you rent is due on 15 October, you'd need to give notice on 15 September. You can't give notice on 17 September and move out on 17 October; you'd then be obliged to pay rent until 15 November.

loveisagirlnameddaisy · 01/09/2014 17:32

Of course, that assumes your LL understands the rules and wants to abide by them. If he is happy to accept a month's notice wherever it falls in the month, there's nothing to stop you doing that.

specialsubject · 01/09/2014 18:47

you can't be told to 'get out now'. Minimum notice from landlord to you is 2 months to expire on date rent is paid. Yours to landlord is one month.

once you have exchange and know you have the house, give your notice -(in writing, by recorded delivery) you can give longer than one month of course, it helps the landlord. You could also make your life easier by having an overlap so you don't have to move on an expensive Friday.

lilyruin · 02/09/2014 10:18

Thanks everyone. Very helpful.

OP posts:
loveisagirlnameddaisy · 02/09/2014 11:26

If you send via recorded delivery, make sure it's signed for otherwise it's assumed that it hasn't been delivered and you haven't served notice correctly.

My DP works on a legal advice line it landlords and always suggests that you send it first class and obtain proof of postage. Even if the landlord claims not to have received it, a judge would still consider that you had served notice correctly.

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