given our notice - landlord issues/advice please

[evelyndarling]

we gave our notice to our landlord, one month in advance, to end on the last day before the next months rent is due. all by the book, in letter form. we got a call from our landlady today informing us that we were supposed to give her two months notice, and that as we hadnt, it would be "okay" as long as we have a tenant to move in at the end of our notice. otherwise we will have to pay another months rent. am i right in thinking that SHE has to give two months, WE have to give one...or am i wrong, because if im wrong then we are a little stuffed, as we cant find new tenants, its not our job, nor do we have the time, nor money to pay another months rent as my job notice coincides with the flat notice...advice welcomed! if i am right in the one month notice issue if any one could point me to a legal statement, or something i can send her id be VERY grateful...


eve

[knoxvillain]

Look at your lease. The amount of notice you are required to give will be detailed in there.

[evelyndarling]

the thing is we move in last may and the lease was six months, we never saw our landlady again, and have only heard from her about twice in the last year. so as our lease ran out in november time what happens? does it still stand?

[knoxvillain]

The amount of notice detailed in your lease still applies. You are still under the lease, a six month lease means a minimum term of six months. The lease still applies until it is terminated with the required amount of notice.

[Aequitas]

If your landlord granted a straightforward six month term then when it came to an end a statutory periodic tenancy began. If you paid the rent monthly the tenancy will be monthly. You can terminate the tenancy by giving one month's notice ending at the prios of the tenancy. It is important to note that the periods of the tenancy are calculated from the first day after the fixed term ends and not by reference to the rent days. Thus, if your tenancy ended on the 7th April the periodic tenancy began on 8th April and your notice must expire on the 7th or 8th of a month even if you pay rent on the 1st day of every month.

If your tenancy was granted for six months "and thereafter monthly/from month to month" or words to that effect then the same applies.

It is possible that the tenancy was worded so that it granted an initial six month term that was to continue subject to two months notice, but it would need to be carefully worded. In any event, in the absence of any provision concerning notice after the fixed term ends, the statutory provisions apply and, as I say, if you paid monthly the periodic tenancy will be monthly.

I expect that was has happened in practice is that the landlord is thinking that as she has to give a minimum of two months' notice requiring possession the same period of notice must apply to you.