Tennancy Notice Period

[msemma]

We have lived where we live in a private rented flat since Oct 2004. The last time our landlord issuedus with a contract was in 2005, so it expired in 2006. We've had no new contract since then (although the rent has stayed the same!).

We've had on and off problems as you always get with rented places since we moved in. It was new build so we've had our share of teething problems to put up with too. Recently a number of other things have gone wrong. We've had a faulty thermostat since October and are awaiting a replacement (so we have had to sellotape it together to make it work). Over Christmas, a pipe broke in the wall and we have now been left with a gaping hole in our living room wall where it had to be smashed through to find the leak and a bathroom that is starting to smell of damp becauseof the leak. We've been told that this would be dealt with once the landlord's odd job man is back which should have been this week.

Along with the other issues we are wanting to move out. However, when I phoned the letitng agency (the landlord and the agency are the same place) I was told that our notice period is one month from the first of the month (the day we also pay our rent), meaning the earliest we could move out is the 1st march. This sounds unreasonable to me as a)we don't have a contract so why should we be bound to those terms and b)the flat isn't at the standard that would be acceptable to new tennants at present so we should be allowed to move out by just giving a month's notice maximum.

Do we have any leeway to negotiate a shorter notice period?

[msemma]

I know, I know. Tenancy. Its been a busy day today. ;o)

[flyciderman]

You have been "holding over" you can give 1 months notice the landlord has to give you 2 months notice if he wanted you out.

The rule is to allways read and understand any contract before you enter into it.

One tip before you leave agree the condition of the property and the inventory with the landlord/agent

[walnut]

I agree entirely with cleversod

[msemma]

cleversod, if I listed the problems we've had here you'd see why the landlords have been the way they have. re: "screaming for the landlord" if I listed the jobs I've done myself we'd be here for some time. I'm not lazy and I'm also quite capable of dealing with simple household problems. I can't however replaster, refit windows and doors, or fix lights that catch fire, or redo the entire drianage system for the flat.

[Twenty20]

Your tenancy is now a periodic tenancy - this is what happens if the initial AST is not renewed. You have the same terms as the original agreement except LL has to give you at least 2 months notice whereas you have to give at least 1 month, all ending on the last day before a rent day. If you pay rent on the 1st of the month then your last day would be the day previous i.e. the end of February. The LL or agent may let you move out before but, legally, you'd have to pay up until the last day of February.

The fact that there are problems with the property don't affect the notice period and are a separate issue. If, for instance, you have had a faulty thermostat since October and it was causing you problems, then you could have given the LL a reasonable time to fix the problem by writing to them and, if that didnt happen, get three quotes for getting the work done yourself and deducting from the rent. But, as I said, this is a separate issue to your notice period.

[msemma]

Thanks Twenty20, I just needed someone to explain the terms to me. The person I spoke to at our agents was new and quite vague about it and never explained the rules clearly.

Cleversod, I'm not going to get into a debate about who's been dealt the worst hand in life. You have no idea of my background or the life I have had.

[rose99]

Ignore Cleversod, i believe if you are paying for somewhere to live, there is no point paying for it's upkeep, this is your landlords responsibility and any decent contract will say so. We have had same problems as you, and have had nothing but constant building issues!

At the end of the day you are paying for a service.

Luckily we know our current contract back to front and have read more and more on tenancy laws and know where we stand. Your contract shoud be a minimum of 6 months, and this rolls over without having to re-sign, the period it can roll on for is usually defined in the agreement, usually 1 year from signing but doesn't have to be, maybe longer. Negotiations on rent has to be signed for which is probably why you wont have resigned. It is standard practive that notice has to be given on the day of rent and is for 30 days, where this differs is for the landlord who has to give you 60 days notice from the first of month or day of rent. This will be in your contract. Just because you haven't signed a contract doesn't mean your previous one isn't still active.

If you have had problems etc, you may be eligible to ask for a reduction in rent for the problems you have had, as long as they are suitable reasons! We once had to stay at home for two days to lok after a team of plumbers and builders who were traisping round, after two days we were refunded a % of the months rent payment and incurred costs for re-heating house to deal with damp and cleaning of furniture!

[msemma]

rose99, thanks, your answer is really helpful.

[flyciderman]

sorry rose99 is wrong the notice is 1 & 2 months not 30 & 60 days.

The rest is as Cleversod said is just a repeat