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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6375
Experience:  BA (Hons), PgDip, Practising Solicitor
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My landlord has given me two months notice to end my tenancy

Customer Question

My landlord has given me two months notice to end my tenancy due to unacceptable noise and complaints from my neighbours.

He warned me about this by telephone on the 24th June and I accepted that I would calm things down. Unfortunately I had a few friends over on the 31st June and again disturbed my neighbours.

I just want to know if he can do this? Has he followed the correct procedure? Should I not have signed something prior to this? I have been at the property 5 months and am under contract for 1 year with a six month brek clause giving 3 months notice. It may also be important to let you know that i live in a block of flats.
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Are you occupying the property under an assured shorthold tenancy?

 

Kind regards,

 

Tom

Customer: replied 4 years ago.

Hi,

 

I am not exactly sure. It is a standard contract from Hamptons Estate Agents.

 

12 Month tenancy with a break clause at 6 months giving 3 months notice.

Expert:  Thomas replied 4 years ago.

It'll be an AST as long as the annual rent is less than £25k and you did not receive a notice prior to entering stating it was not to be an AST.

 

It doesn't sound as if the notice is one operating the break clause as the notice period is insuffieceint.

 

The landlord could serve a s8 Housing Act 1988 on Ground 12 if you have broken an obligation of your tenancy agreement (ie. by being a "nuisance/disturbance"). For this, he would only be required to give two weeks notice so it does not really sounds as if he is particulaly familer with landlord and tenant law. If the notice is in writing, refers to your tenancy agreement and the ground under which he is terminating (ie. your breach of the tenancy by being a nuisance/annoyance) then it's possible that a Court would accept that as notice but if you dispute that you have breached the agreement then you could make representations at Court to this effect.

 

If you do not leave at the end of the notice period then the landlord cannot evict you without an order from the Court and he would have to make an application for such. If the Court accept that notice has been served appropriately (and it does sound qusetionable, albeit without having seen it) then they will schedule a hearing at which you could dispute the breach.

 

It would be for the Court to decide if you have in fact breached the agreement.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 


Tom

 

 

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Property Law Specialists are ready to help you
Customer: replied 4 years ago.

No he is not excercising the break clause but from your response It would seem he is operating within his rights.

 

I don't want to contest it in the courts. The main problem is one of my neighbours is a good friend of his.

 

Am i right in assumong that he is essentially being fair to me by giving me 2 months notice?

 

 

Expert:  Thomas replied 4 years ago.
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