12 Month Contracted Ended - Tenant Being Told Need To Give Two Month Notice

[OzzMosiz]

One of my good friends has rented an apartment with his missus for 15 months. They were initially on a 12 month contract that has now rolled over to a monthly contract.

In the initial contract it says that they have to give 2 months notice when they want to move.

I thought it was 1 month! Can Letting agents add this to the 12 month contract and then enforce it once they go onto the rolling 1 month agreement???

[OzzMosiz]

Anyone know if they can demand 2 months notice rather than the normal 1???

[0ddball84]

I think if its in the contract they can ask that...sometimes landlords/agents can put specific extra clauses into the tennancy aggreement, and its up to you to decide wether you wish to accept it on signing to aggree to it i guess, although for proper advice I'd go to CAB or shelter or someone

[OzzMosiz]

I think if its in the contract they can ask that...sometimes landlords/agents can put specific extra clauses into the tennancy aggreement, and its up to you to decide wether you wish to accept it on signing to aggree to it i guess, although for proper advice I'd go to CAB or shelter or someone

0ddball,

I've told him to contact shelter about this. I think its an unreasonable request from them so it might not be enforceable.

[Matt Henson]

Anyone know if they can demand 2 months notice rather than the normal 1???

You can not override statute, the law states 1 month notice from date of contract (not from data of notice)

The only time you can change this is part of a mutual break clause in the term of an AST

Tell the agent to observe the law as you tenancy is no longer an Assured Shorthold Tenancy and is a Statatory Periodic Tenancy. The clue is the word Statatory i.e. covered by statute

Edited January 22, 2010 by Matt Henson

[OzzMosiz]

Thanks Matt and 0ddball

Edited January 22, 2010 by OzzMosiz

[0ddball84]

good luck with it! its a minefield sometimes knowing your rights!