Urgent legal question about AST and notice

[gobblygook]

Hi all

We're currently in a rented flat with an 6 month AST that runs out 31 Dec. The contract says 'Termination of this agreement: By not less than 2 months written notice given by either party to the other - such notice to be given by the landlord in accordance with S21(4) Housing Act 1988 as amended."

Four days ago the estate agent called. She got her dates completely wrong and thought the AST ended 31 January. She wanted to know what we were doing. After we had established that I was right, it was 31 December, I said that I wanted to go onto a rolling contract - as we had originally discussed and agreed at the outset. She talked about wanting to put another 6 month AST into place and said she had to ask the landlord's agreement for a rolling contract.

We are looking to move in February anyway, into a house we're doing up, but I'm completely pissed off with the agent. Can they just tell us that we'd need to sign another 6 month AST at the end of this one? If we don't want to, what notice do we get? They're already less than the two month notice period the contract states. Does this mean we get to leave whenever in Jan?

Basically, what are my rights?

Thanks very much to whoever has taken the time to read this

[YesMaam]

They cannot force you to sign a new 6 month AST. You will automatically go onto a monthly (periodical) AST at the end of this one (after 31st Dec). The earliest they can ask you to leave is by serving notice asp which will expire on or about 31st January (they have to give two full month's notice ending at the end of the period,- they've missed this month). However they cannot get you to leave until they have obtained a court court.

You can serve them notice to end the tenancy now to take effect on 31st jan or 28th Feb (or you could try and pick a date in between but you probably need to give notice to end at the end of a month). They'd be foolish not to accept your notice and try and get you out any sooner given the above.

HTH

[gobblygook]

That's really quick and helpful - thanks so much.

A quick question. As it's a fixed period (the 6 months), can I really give notice now to leave 28th Jan? My assumption was that I couldn't give 2 months notice in this period - I thought no tenant could leave an AST before the 6 months was up. That it was fixed etc. I thought the earliest I could leave was 28th Feb

Thanks again Yes Maam - soooo appreciate your time.

[YesMaam]

The timing was luck!

The minimum period of a 6 months AST is 6 months - provided someone (you or the landlord) serves the proper notice in that period, it can be brought to an end at the end of the period (subject to the fact that a landlord needs a warrant of possession executing a possession order to actually physically evict you from the property).

If your tenancy requires you to serve 2 months notice, you have missed out in giving notice for November and December, but you can give notice for December and January, provided you serve it before the end of this month (you need two full months notice, the odd extra days are neither here nor there).

But if you want to try and give longer notice, there is no reason why not. The landlord will either accept it, or reject it. If he rejects it (because your notice is invalid by note ending on an end period of the tenancy e.g. end of the month) you are not then tied to another period unless you agree that date with each other.

HTH

[YesMaam]

If you give notice for December and Jan then your tenancy (and obligation to pay rent) ends on 31.01.12.

If your tenancy agreement does not require two months notice, I think you can try and just give one month's notice - meaning you could end the tenancy on 31.12.11 if you wanted to.

[gobblygook]

That's so helpful - thank you both

I really find this confusing - I didn't realise that I could give any notice during the fixed period.

I'll wait to hear from the agent and see what she says and then give notice based on that.