Must you give 4weeks notice?

[kkorolija]

We gave out landlord 2weeks notice that we were not renewing our 6month lease. Our contract by the letting agent(jsm hockeys) didnt even mention giving notice and no one contacted us to enquire if we were renewing. Our landlord is taking us to court for the extra 2weeks-does anyone if you have to give 4weeks by law....Read the housing law book- couldnt find anything saying we must give 4weeks. Thanks

[katesage]

Why hasnt your landlord suggested retaining part/all of your deposit to recover 'his losses'.
When my tenancy was due I did have to give 4 weeks notice of my intentions, but the letting agent rang me and sent me a letter to enquire about my intentions. Seems a bit harsh to me, speak to the letting agent and try and negotiate.
good luck

[meagain]

The answer: double-check your contract.

If your contract stipulates 4 weeks, then the landlord is entitled to rent for the extra two weeks - if you pay monthly, and that takes you past the point where rent is due, then that rent payment is due.

If your contract doesn't stipulate anything, it needs to be a "reasonable amount of time" - there may be something in the Housing Acts or the Landlord and Tenant Acts which is more specific, but you'll need better advice. It may be the case that the contract itself is not enforceable (meaning the landlord cannot claim any rent at all) if it is too vague, or if the landlord's address is not provided.

Here's the important part: Under the Unfair Contract Terms Act or the Unfair Terms in Consumer Contracts Regulations, what applies to the landlord applies to you, and vice versa. If it doesn't state the amount of time you need to give, but does state the notice the landlord is entitled to give you in throwing you out (my idiot landlord thought she could give me 7 days, tut tut), then you are allowed to argue that there is an implied term in your contract allowing you to give the same minimum period as the landlord.

[amartin1908]

The law here in scotland is one month by tenant and two by landlord.....regardless of what your contract states.......I would pay up or ask them to take the amount from your deposit as you will probably lose if he takes you to court.

[meagain]

Originally Posted by amartin1908

The law here in scotland is one month by tenant and two by landlord.....regardless of what your contract states

Interesting. I know the situation in E&W is that the landlord must provide at least 1 month in-term, and otherwise 2 months before the tenancy is due to expire (the latter under S21 Housing Act 1990). Some agencies attach the S21 notice to the back of th econtract, stating the date the landlord expects you out at the end of the term (some 9-12 months down the line).

[Nightmare4banks]

kkorolija in reply to your post:

1.The tenant should give the landlord 1 month notice and the landlord give the tenant 2 months notice.

2.If a tenant remains in occupation after expiry of the notice,the landlord can only get the tenant out through a court order.

In your particular case the best way forward is to comprimise say pay 1/2 of months/2 weeks rent.

I hope you find this information useful.

If you have any more questions,just ask.

All the best!

[kkorolija]

"Nightmare for banks" do you or anyone know if this is actually law, like an act I can look up? We dont feel like we're in the wrong giving only two weeks, we because we felt it was there their responsilbity (the landlord or agency) to make conact as they were aware we only signed a 6month contact and it was into the 6th month.

[Nightmare4banks]

kkorolija,If you want to get into the legal aspects of your problem - please read the following:

1.If you have signed a 6 months tenancy this would make you liable for the full six months rent whether you remained in the property for one day or for the full 6 months.The only way out would be that either yourself would find an alternative tenant acceptable to your landlord or you would allow your landlord in your property to show potential tenants around and the new tenant would sign a new tenancy with the landlord and you would vacate the property.

2.Just remember if the two weeks fall within the fixed term days of the agreement i.e the last 14 days of the 6 month agreement,your landlord would be entitled to have the two weeks rent.The reason being is as I said before if you have committed yourself to a 6 month tenancy you are liable to pay the full amount of rent unless a "subtitute tenant" is found.

3.What I mentioned before is in accordance to the Housing Acts and Assured Shorthold rules.The Housing Acts to look at in any law book are if I remember correctly The Housing Act 1988 and The Housing Act 1996.

4.In my view and as I said in my last post - in your particular case it is compromise and not anything else.It seems however your landlord does not want to compromise.

Anyway,I hope you find this information useful.

If you have any more questions,just ask.