tenency - tenants rights

[sjstringfellow]

I was wondering whether you may be able to provide me with some advice. A couple of weeks ago my mum was taken ill and is currently in intensive care. This has led to me having to give notice on my tenency in order to move back home and care for her when she returns home.

My contract, from the term feb 11 - feb 12, has not been renewed, states that Ihave to provide two months notice to vacate the property. I did seek advice from a few people that work at solicitors etc and requested kindly to my landlord if he would accept one months notice. He informed me that he is a lawyer and knows his rights and that I was misinformed and for that reason I have to give two months notice. Under any other circunstance this would have not been an issue to me however I am percistant to learn whether I am actually required to give two months notice.

 

Please advise as I cannot handle more stress and should I have to give two months I will have to deal with it.

 

I look forward to hearing from you

 

Kind Regards

 

Sarah Jane

[Conniff]

Welcome - I have moved you to the Residential and Commercial lettings/Freehold issues where you should get more help. It can be a bit quiet on here over the weekend though,

[Ace of Spades]

Hi Sarah Jane, I'm sorry to hear about your Mum.

 

If your fixed term tenancy agreement has not been renewed then you are now on a Statutory Periodic Tenancy (SPT). as I understand it, the notice you are required to give is one rent period, eg if you pay your rent monthly this would be one month's notice. The notice must be given so that it ends at the end of a rent period, which is usually the day before rent is due.

 

if your tenancy agreement started on the 1st February for example, your rent period would end on the last day of the month. This means you could give notice now but the earliest your tenancy could terminate is the 30th April.

 

Perhaps someone could confirm this is correct?

 

what date did your tenancy start?

 

Ace

[stu007]

Hi sj

 

Welcome to CAG have a look at this link: http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies

[mariner51]

Sarah-Jane, your Contract may be a Contractual Periodic T in which case orig Notice Period (2 mo) still required, or your LL is blowing smoke. If orig contract was AST, it is now a Statutory Periodic Tenancy, with required Notice defined in Statute ie T Notice is MIN 1 clear month, defined by Tenancy period, not rent due dates.

Stat Tenancy period commenced day after AST fixed term ended for a period of 1 cal month if AST states rent is payable pcm.

However, any Notice must be served (deemed received) on/before end of 1 T period to expire on last day of next rel T period.

So T commenced 1 Feb 11, fixed term 12 cal months (to 31 Jan 12), rent payable pcm (date irrelevent

Stat tenancy period commenced 1 Feb 12 and ends on last day of each subs month.

So any Notice should be served, by letter, by last day of month, allowing 2 working/week days for deemed service if posted 1st Class, pref with free Cert of Posting from PO counter.

If posted on last day of Feb, it will not be deemed served for 2 working days and you will have missed the min 1 month deadline and the Notice would expire on last day of April, virtually 2 months.

Hope this explains why SPT Notice reqd may be more than 1 month

To advise further we would need to know dates of Notice, to what address and how by what method.

[Steve__M]

What are the precise terms that describe the period of the tenancy and the notice requirements?