Minimum Tenancy Agreement

[boona]

Please help, I moved into an apartment 3rd September 2009, I have recently found out I am pregnant. I told my landlady that I will need to move as this accommodation will no longer be suitable (it is a one bedroom upstaires apartment) and that I will need to get a home ready for the birth of my baby.

 

I was surprised when I told her I will pay the rent and I will give one months notice (until 3rd January 2009) that she said I need to pay the rent up untill 3rd March 2009.

 

No minimum tennancy was ever mentioned when I moved into the propery I have a written tennancy agreement which has a start date (3rd September 2009) but no end date or minimum period. It is is simply headed "tennancy agreement" and is signed by both of us.

 

She says if I move out she will take me to court to pay the rent up untill 3rd March 2009.

 

Can she do this?

[blitz]

Is there any chance you can get a copy of the tenancy agreement up (Usually just the first page). Most tenancies start as what is called a Fixed Term tenancy in which you must stay to the end of that period. The landlord obviously assumes that you have a 6 month fixed term.

 

Just double check the tenancy agreement, that it hasn't got anything about a fixed term. If it doesn't then you should just be on a periodic AST (If your not living with the landlady) and will only be required to give a whole rents period notice.

[boona]

Hiya, if I can I will do that. It really doesnt say the words "fixed term" anywhere.

 

When I told my landlady I wanted to move out she told me that even though it didnt say it anywhere on the agreement, by law ALL tennancy agreements where 6 month minimum!

[blitz]

It used to be a requirement to have an initial term of at least 6 months, however this was prior to 28 Feb 1997. The law does provide all ASTs with the right that the landlord cannot seek possession within the first six months however a tenancy agreement can quite easily be a periodic or have a shorter fixed term then this.

 

You can see this here: Assured and Assured Shorthold Tenancies: A guide for tenants - Housing - Communities and Local Government

Section 3.4/3.5

 

Are you a lodger or renting your own house/flat btw? If the latter is your deposit secured under a Tenancy Deposit Scheme?

[baileyb00]

your landlord is incorrect, the actual minimum is a months rental however not many landlords would create an agreement for this period as by law the earliest a tenant could be taken to court for eviction (if necessary) is six months therefore the landlord would be screwed on a months term!

if there is no end date nor a period listed in the agreement I would assume that a periodic tenancy has been drawn up meaning its one months written notice inline with the date of your tenancy agreement, so you moved in on the 3rd sept so as long as you serve notice to end on the 2nd of the given month then i dont see how she cant accept it.

[abetf97]

I wish i could figure out how to ask a question seperately but can`t seem to but as its similar to this i thought i`d try here...sorry if its the wrong place but i have an assured shorthold tenancy agreement started 1st may this year and i want to move...the house is freezing even with heating on,parking 10 doors down if your lucky,private landlord hasnt responded to my pleas to fix shower-its cold or fix timer on heating i have to get up at least an hour before my 12yr old son to try and warm place up...basically i want to give 1 months notice but in 2nd page it says term of 12 months so am i stuck here til may gosh i hope not please help??

[boona]

Thank you for your replies, I was tempted to move out plus pay my landlady the extra rent till March 2009!

 

I am glad I found this website. I will now move out , giving 1 months notice.

 

Kind regards

[baileyb00]

Boona = good luck and let us know how you get on!

 

abetf97 = do you have a break clause in your tennacy agreement, it will normally be one of the final clauses in the agreement. I'm afraid that if you haven't then you are liable up until 1st May 2010.

If the issues have been going on a while I would speak to your local coucnil particularly with a child in the property; they can send an officer round to see if the property is up to scratch so to speak, if its not they can through a notice force your landlord to complete certain repairs etc.But only if they deem it neccessary as technically you do have heating its just not that efficient. Is the shower the only source you have or do you have a bath as well? sorry for the questions!

[boona]

This is ridiculous, my landlady hasnt even put her home address on the agreement and I dont have her contact number on my phone!! How am I supposed to give notice????

[Kentish Lass]

This is ridiculous, my landlady hasnt even put her home address on the agreement and I dont have her contact number on my phone!! How am I supposed to give notice????

 

I assume there is no agent involved here. How did you contact your landlady for her to tell you that you could not leave? How do you pay your rent? (standing order...?)

 

It is a legal requirement that the tenant is provided with an address for the landlord for the service of notices (this can be the agent's address) but you must be given an address for service.

 

And an AST can be for ANY period - 1, 2, 3 months etc. - whatever the parties decide. The reference to 6 months is actually a protection for the tenant - regardless of the actually period named in the tenancy, the landlord cannot issue a notice for possession in less than 6 month unless for a major breach or non-payment of rent.

[boona]

Hi, I had her mobile number on my phone but I have changed sim card and it is not on there!! She is a private landlady and has never given me her address!

[baileyb00]

its a legal requirement that her address is on the ta - im sure this could potentially invalidate the agreement!

[Kentish Lass]

You already told her you were giving a month's notice. You were perfectly within your rights to do so if what you have said about the agreement is accurate. I assume you do have a copy.

 

Under the circumstances since she has not provided you with an address for service of notices I would simply not worry about it. If she gets in touch with you, you can tell her you are leaving on 3 January. Don't take any notice of anything she may say - she obviously does not know anything about the law and cannot make you pay up until March.

 

Good luck

[Aequitas]

its a legal requirement that her address is on the ta - im sure this could potentially invalidate the agreement!

 

The agreement is still valid. However, Section 48 of the Landlord and Tenant Act 1987 requires a landlord to furnish a tenant with an address in England and Wales. Until the address has been furnished no rent is due. (Please note "due" is not the same as "payable". Once the address has been furnished any back rent must be paid.)