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What is the notice period that should be given after being…

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What is the notice period...
What is the notice period that should be given after being in the property for longer than one year?
Submitted: 8 years ago.Category: UK Property Law
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7/20/2009
Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 71,137
Experience: Over 5 years in practice.
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Was this originally an assured shorthold tenancy ? If so, for how long?

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Customer reply replied 8 years ago
one year
Solicitor: Jo C., Barrister replied 8 years ago

Was it an AST?

Has it gone over the period of AST?

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Customer reply replied 8 years ago

in short, our lease comes to an end 1st September and now the agency wants us to give 2 months notice, but if we do, we would have to stay longer at the property.

they said they sent out a reminder letter regarding the lease coming to an end, which is not true, as i wouldve replied to them.

i just need to know where we stand if we choose to move on the end of our lease?

Solicitor: Jo C., Barrister replied 8 years ago

Why dont you just give them a month's notice which is usually the time period required?

If they are saying this is a reminder letter then, on their account, they must have sent the first at some point ealier. That would mean that the two month's notice period had been complied with.

But I would make doubly sure by just giving them notice yourself.

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Customer reply replied 8 years ago

so to clarify, if they say a reminder was sent, which we didnt receive, it save to say that i should now only give a months notice and that we have complied with the notice period?

i'm so confused, dont want them to turn around and keep us liable for any costs...can they do this?

Solicitor: Jo C., Barrister replied 8 years ago

They are probably trying to ensure that the lease does end in September. They may or may not have sent this, but the purpose of the reminder is to extend the notice given.

But just to be safe, give notice yourself. You only have to give one month's notice. You#ve got time to do that.

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Customer reply replied 8 years ago

i just dont understand why they are still asking for 2 months notice if the lease ends beginning of September.

if my mobile contract ends, i dont have to give them notice, surely this works on the same principle?

sorry i'm going on and on about it, but would like to make 100% sure that i just have to give them a months notice, seeing my lease ends 1st September.

Solicitor: Jo C., Barrister replied 8 years ago

No, thats not what they are saying. They are saying that they've already given notice and that notice was within the time limits.

If you want the contract to end in September this is no issue.

But just give notice yourself.

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Customer reply replied 8 years ago

please see what the agency has replied to my email regarding the letter that we didnt receive.

I dont want to have to pay rent if my lease ends 1st SEPT and they dont find someone for the property. I'm consious that they will still deduct money until 2nd October?

'As mentioned to Sean, a Tenancy Agreement has been signed to state you are required to give 2 months notice which is why we always send letters out to remind Tenants of this. As mentioned to Sean, if you do give the 2 months notice now to vacate on 1st October, we will advertise the property with availability for beg September to try and find replacement Tenants sooner to release you early from your notice?'

Solicitor: Jo C., Barrister replied 8 years ago

That makes sense now.

They are saying that they wrote to you to remind you to give notice. You did not. It doesn't really matter whether they sent it or not as you did not give notice and it was encumbent upon you to do so.

If you are required to give two months notice then you should have given notice on 1st July and if you did not there might be merit in what they are saying.

Its worth checking your contract as tenants are often required to give one months' notice rather than two. If it is two, you are stuck with it.

They probably wont sue though. They may well just keep your deposit or a part thereof.

Jo C.
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Customer reply replied 8 years ago

Thank you very much for your help.

Makes more sense now to me too.

Solicitor: Jo C., Barrister replied 8 years ago
Check the AST though as you may be being had.
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Customer reply replied 8 years ago
i'll check this tonight and send my reply to you.
Solicitor: Jo C., Barrister replied 8 years ago
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