Short Assured Tenancy Agreement

[EddieD061]

Hi all just registered on here as i need a little advice if anyone here can help me out please

 

I'm in a privately rented semi-detached property which is let out from an Local Estate Agency

 

this is due to end at the point of writing this on the 1st of October 2012, My short assured tenancy agreement states i have to give 2 months notice to leave the property which by there way of think is i should have put my notice to them on the 1st of August 2012.

 

Im having loads of problems with my next door neighbours and it basically kicked off last night when they had a party and my wee 2 year old girl was constantly being woken up, i went to the door to ask them to calm down with all the banging etc (very polite ) i have had to go through to them about 4 times about this. to cut the story short the family became very agressive and so did there quests

 

i called my landlord about them for the 5th time and he told me he only rents the house out to me and there was nothing he could do even though he is friends with them

 

now my question is. if i give notice now 2 months and the date will now run over the 1st of October will i have my tenancy renew to a periodic agreement even though i want out of here no longer than the 1st of October which i believe im legally required and expected to pay full rent til that date if this makes sense, i dont mind paying my rent at all i just dont want to be stuck here for another 6 months when technically legally only signed up to be here until the 1st of October but feel im being forced to stay here and the Estate Agency are tell me i have missed my date of putting notice in and im now stuck here from now til the 6th of August and a further 6 months there after is this correct

 

Any and all help really appreciated and hope this has made sense

Edited August 19, 2012 by EddieD061
Missed a thank you

[mariner51]

A T is entitled to vacate on the last day of fixed term, without Notice. Stay a minute longer after midnight, then a SPT will automatically arise with statutory Notice period & dates.

 

Does the T commencement date on your Assured Shothold Tenancy acually state 1st or 2nd April and state any termination date or just a term certain of 6 months?

If it states 1st with no end date mentioned, your fixed term ends at 23:59:59 on the 30th Sept.

 

It would be wise to inform the LL in writing, that you will vacate the property 31st Sept, by 31 Aug if you want a favourable LL ref in future. That gives you 1 month to pack & clean property.

If LL splutters 'can't do that', just say you can leave without Notice on last day of fixed term, and you are extending the courtesy of 1 month advanced warning. A Ts Notice has no effect to end T during the fixed term.

If he doesn't believe you, refer him to this or the LandLord Zone forum

[EddieD061]

The Estate Agency are claiming that i need to give 2 months notice so i have to give it no later than the 1st of August by not doing so i have been told i have to see out the orginal term until the 1st of October and then im liable for 6 months rent after that also by law

 

im leaving here on the 30th of September and i have gave them notice of that intention if i get taken to court so be it i cant have my family living like this and i get no help or assistance from the LL or the Agency

 

Really appreciate the advice and if you have more input i would gladly like to here it

 

thanks again:-)

[mariner51]

Provided your rent is fully paid up to end of fixed term, when you leave (& not from deposit), what can they do? The point about giving some Notice in advance, it that it allows LL to rely on it and not have to go to Court for repo hearing, as he should do if T appears to have abandoned property, resulting in T being pot liable for Court fee.

 

A simple note should suffice - "1, , will vacate the tenancy at

on 30 Sept 2012, after removing all my personal belongings and returning keys in person. Thus the LL may have possession of

at midnight on 30 Sep, on expiry of the fixed term of my T"

Edited August 21, 2012 by mariner51