2 months notice on tenancy agreement..

[monty77]

Hi all,

 

I've been at a property for over 2 years now (since April 2007) and about to move out. Was informed, to my shock, that I need to give 2 months notice - is that right? I thought 1 was compulsory?

 

The terms from the agreement that I think are useful are:

 

The Term 6 Months beginning on 20/04/07

 

1. This Agreement is intended to create (as amended by the Housing Act 1996)an Assured Shorthold Tenancy as defined in Section 20 Housing Act 1988 and the provisions for the recovery of possession by the Landlord in Section 21 thereof apply accordingly.

 

1.1 This Agreement may not be determined earlier than 6 months from the date of this Agreement other than pursuant of clause 4 hereof but may subsequently be determined by either party by giving not less than 2 months prior written notice

(ending on a Rent paying day) to the other party.

 

..I read that as being 2 months notice if I leave after 6 months - is that the case? Is it watertight?

 

Thanks!

Monty

[Kentish Lass]

Have you signed another AST since the original one?

 

If not, you have a Statutory Periodic Tenancy whereby all terms of the original AST apply EXCEPT those relating to notice periods.

 

Under a SPT, LL is required to give TWO months notice, and T is required to give ONE months notice, such notice periods to end on the last day of a rental period. In your case, you would be required to give one months notice to end on 19th of the month.

 

This is statute and overrides any terms in the original AST applying to notice periods.