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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Our landlord wants to give us 4 weeks notice from march 2nd.

Resolved Question:

Our landlord wants to give us 4 weeks notice from march 2nd.

our contract says the notice period is 'two clear calendar months'. Does that mean they can give us notice on march 2nd and we vacate by may 2nd, or does 'clear' calendar months mean if the give us notice on March 2nd we don't have to vacate until the end of May? The tenancy runs from March 13th 2010 to March 12 2011
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.
Is your tenancy a residential assured shorthold tenancy?

Tom
Customer: replied 3 years ago.
yes, it is, original agreement 2009, renewed on March 13th 2010 via a 'memorandum of agreement'
Expert:  Thomas replied 3 years ago.

Hi

 

If the landlord wants you to leave at the end of the fixed term of the tenancy then they should have already serve you with a s21 Housing Act 1988 notice giving you two months notice with such notice to expire at the end of the fixed term. He has not done this and you are not under an obligation to vacate the property.

 

Once the fixed term has expired the tenancy becomes a statutory periodic tenancy, which means it continues from one month to the next (if you pay rent monthly). He still has to serve a s21 notice in this regard giving you two months notice with such notice to expire on the last day of a rent period.


The earliest he could serve a notice on which a Court would make an order for possession is by 2nd March. This would expire in two months time so it would be for possession on 1st May.

 

He cannot evict you without a court order and a court would not make an order for possession without the correct notices referred to above.,


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

Kind regards,


Tom

Customer: replied 3 years ago.
Thanks Tom

May I just clarify 2 points?- they have emailed us saying they want to give us notice on march 2nd and that we will have to vacate by April 3rd. I understand that they must give 2 months notice - what you are saying is that;

i) two clear calender months means may 2nd - it does not mean the end of may

BUT ii) you are also saying the notice period must end on the last day of a rent period - in other words, if they gave us notice on march 2nd, that notice would be deemed to have been given on March 12th (end of our rent period) so we would not have to vacate until may 13th?

Many thanks for your additional help

Gill
Expert:  Thomas replied 3 years ago.

Hi

 

It doesn't matter what the agreement says - the Housing Act covers this and supercedes anything contrary in the tenancy.

 

If the end of your rent period is 12th of each month (and the beginning is the 13th then the earliest they could give you notice on which a court would make an order for possession is to serve notice on you before 13th March which would then expire on 12th May.

 

Hope this clarifies, if so please click accept.

 

Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6308
Experience: BA (Hons), PgDip, Practising Solicitor
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