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1 months notice instead of 2

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435 views 3 replies latest reply: 27 May 2015
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Tenant

I am a private tenant and just gave a month notice to my Landlord. Moving out date is 21st of June according to the agreement.We already resigned at our workplaces and get a van to move us back to our country but the problem is that our landlord replied that we should have given 2 months notice instead of 1 month as is written in the agreement.

So we checked it and it says we should give 2 months notice….honestly we forget that and just realised when he wrote it and now he wants us to leave the flat in 21st of July and this way he get his 2 months notice. It is not possible as we arranged everything already. My question is that he can force us to stay here or not getting back the deposit?

We always payed the rent in time, there is no damages in the house and kept it very tidy and he liked the way we kept our thing in the house so he was always satisfied and just because of 1 months we don`t want to loose the deposit which is nearly a thousand pounds. Does someone has a similar problem or ever had?Can you give us some advice, please?

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Administrator

Hi Rituss

When you first gave the 1 month notice did the landlord agree to it? Unfortunately, if your tenancy requires 2 months notice then you need to give 2 months notice unless the landlord agrees to you leaving early or unless the landlord is breaching the tenancy significantly. So if they agreed to the move out date of 21st June you should be fine.

If not then you will have to pay that last month of rent. If possible, it is worth making sure you are there at the end of a tenancy to do the inventory and make sure you can see the condition of the property so that the landlord doesn’t charge you for damage that isn’t there.

Alex

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Tenant

Hi Alex!

 

Thank you for your reply! I forget to mention that we have a fixed term contract that runs out on the 21st of June, and basically we want to leave on the very last day. After I spoke with the landlord, I searched on the internet and I found a document on www.gov.uk, called Unfair Terms in Tenancy Agreements by the Office of Fair Trading. And it’s saying:

“A tenant is not required to give notice to bring the tenancy to an end at the end of the fixed term. That is because a fixed term agreement comes to an end at the end of the fixed term, and no periodic tenancy will arise if the tenant then leaves. We appreciate that landlords will want to ensure that their properties are not left empty between tenancies, but object to terms that impose a contractual obligation on the tenant to give notice in order for the tenancy to be terminated at the end of the fixed term. This could allow the landlord to impose a substantial financial penalty on tenants who do not realise that notice is not required, by requiring them to pay rent for a period after the end of the fixed term.”

So hopefully we can leave on 21st of June, without any problems

 

Rituss

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Administrator

Hi Rituss

Just be wary of what you found as it is Office of Fair Trading guidance on unfair contract terms i.e. what the OFT (which no longer exists) would object to as a consumer contract term – it is not law. It was also issued in 2005.

I’m no expert but most tenancies that last for a year only have a fixed term of six months – if you stay on after that then the two months notice is normally required.

I hope you manage to leave on 21st June regardless!

Alex

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