How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
Type Your UK Property Law Question Here...
Stuart J is online now
A new question is answered every 9 seconds

I am an AST tenant of 2 years. My fixed term (year) ends 17/11/13,

This answer was rated:

I am an AST tenant of 2 years. My fixed term (year) ends 17/11/13, and I intend to quit. I gave verbal notice to my landlord yesterday.
Two months ago I signed an 'intention to extend' form, but I have not yet signed the 'renewal memorandum'. My situation has now changed.
My landlord says, because I signed the 'intention to extend' form, I am therefore liable to give 2 months' notice (as normal under the tenancy agreement). He has put the property on the market, and if he lets it within the month, he says I will no longer be liable for the second month of notice.
I dispute my liability for 2 months' notice, as my current AST expires in 1 month, and I have not yet signed the renewal memorandum. Furthermore, the 'intention to extend' form I signed contains the following proviso: 'Please note this letter is to ascertain your intentions, it is not documentation of extension of the tenancy.'
I am suspicious that his advice suits him perfectly, and I am unsure of my rights. Arthur
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Do you have a specific question please?
Customer: replied 3 years ago.

Sorry, I thought the question was implicit in my original piece.

To wit: am I liable to pay my landlord 1 months' notice or 2?


And I agree with you. One months notice.

You are not
bound to any new agreement unless you signed it.

An intention
to extend is simply that. The landlord was always at liberty to refuse. If he
accepted by giving you the renewal memorandum which you then signed, it would
be different.

Indeed, I
think the landlord is trying to manipulate the paperwork because the last
sentence of your post quite clearly states exactly what your understanding is.

He is entitled
to one months notice but do give it to him in writing. Please note it is one
calendar month and not four weeks.


Show the landlord of this answer from a solicitor if you wish.

Does that answer the question? Can I assist further or answer
any specific queries?

If you have not done already, please don't forget to positively
rate my answer service even if it was not what you wanted to hear. You should
now see a series of buttons which enable you to rate my answer service

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.

It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my

If in ratings you feel that you expected more or it only helped a little,
please ask.

The thread does remain open for me to answer follow-up questions
after rating my answer service.

Rating doesn't close the enquiry at
all even though the site may give that impression. It remains open for you to
read and ask for further clarification.


PS Experts on here are online and off-line all day each day and
weekends so please bear with me if I do not get back to you immediately.

PS. I use voice type, voice recognition typing because I only
type with two fingers and it would take me ages. Sometimes, a computer does not
hear me correctly and you will get an incoherent word. I do try to but
sometimes they slip through. I apologise therefore if anything doesn't make
sense. It is me losing it, not you. Just ask if anything is not clear please.


Customer: replied 3 years ago.

Thank you. That helps clarify my position.


As you say, I must give him notice in writing, either today or tomorrow.

However he asked me yesterday to include an acknowledgement of the 2 month notice period, which I am not comfortable doing.


If I write to him detailing 1 month notice, I am wary of entering an overt dispute with him, as he holds 6 weeks deposit - 150% of my potential saving. He could make it very difficult for me to get this back, eg: being extremely detailed in finding fault on his final inspection of the property.


I acknowledge that he is willing to try to let the property within the first month, and it would be a shame to lose this goodwill. But I would rather not find myself comitted to paying a second months' notice, and I hope to have my full deposit returned without complication.


Please could you recommend my best course of action regarding my written notice?

I get drawn into correspondence.
I would refer to previous conversations I confirm that you have spoken to someone about this and they have confirmed that in view of the wording of the intention to extend form (and give him the wording) there is no extension of the tenancy and therefore you are only giving him one months notice which here it is.
Of course, if he wants to argue to try and keep proportion of your deposit, you are then faced with
Customer: replied 3 years ago.

There seemed to be a problem with your last message. It ended abruptly with "you are then faced with ..."


Please could you repeat the rest of the ending?

Error with cut-and-paste!


... You are then faced with filing a dispute either with the tenants deposit scheme or issuing proceedings in the County Court for return of the deposit .

there is no easy way of confronting this without actually confronting him

Customer: replied 3 years ago.

Just one more...


When you say, "in writing", am I correct that legally these days an Email is regarded as sufficient?

Or might the landlord be able to claim that I didn't give notice correctly if it wasn't on paper and signed?

Email is sufficient provided he acknowledges it. He may not turn his computer on for a week!

I would follow it up in writing at the same time

Stuart J and other UK Property Law Specialists are ready to help you