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welshgirl

Notice To Quit

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I have just received my new lease and my landlord has said that I cannot give 3 months notice to move out in the winter months is this legal???

I am unsure and worried that if I sign it and something happens where I have to leave what will happen please help !!

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I have just received my new lease and my landlord has said that I cannot give 3 months notice to move out in the winter months is this legal???

I am unsure and worried that if I sign it and something happens where I have to leave what will happen please help !!

Does it actually say this in the lease? What type of lease do you have? This sound like the LL is trying to give you a load of bovine manure to me.

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Does it actually say this in the lease? What type of lease do you have? This sound like the LL is trying to give you a load of bovine manure to me.

No not in the original lease no

I have a short hold assured tenancy and have been renewing it every two years for 13 years( thei first year was just one year)

Edited by welshgirl

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I have just received my new lease and my landlord has said that I cannot give 3 months notice to move out in the winter months is this legal???

I am unsure and worried that if I sign it and something happens where I have to leave what will happen please help !!

In the private rented sector, you should be getting an assured shorthold tenancy. These usually start with a fixed term of 6 or 12 months. At the end of that period it is NOT LEGALLY NECESSARY to sign a new agreement. If you do not sign for a new fixed term then the tenancy continues as an asured shorthold PERIODIC tenancy until either the tenant gives one months notice to the Landlord OR the Landlord gives TWO months notice to the tenant. If you sign for a new fixed term, then unless you want to agree, there would no legal entitlement for a Landlord to give notice during any further fixed term period (except min 2 months to coincide with end of fixed term) so you would get the new fixed term period without bother.

THEREFORE It is legal DURING any fixed term to actually have no provision for the tenant to give notice atall - if there are any notice provisions for tenant they can be limited like your lanadlord is requesting. After that it should be one month.

First consider whether landlord may give notice to you - is it a long term let and Landlord has it for investment, not just away for work elsewhere? If investment, then they do not want it empty! Consider suggesting that no further agreement is needed or saying you won't agree to a further agreement which limits your notice entitlement in this way. Notice of 1 month tenant, 2 for landlord will apply from now on AUTOMATICALLY IF NO NEW AGREMENT IS SIGNED. Many agents will have ypou believ that anew agreement must be signed and charge you for it. But that is not true. I am a lawyer. They cannot make you sign one, but the landlord retains the right to give you 2 months notice - keep paying the rent though!

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In the private rented sector, you should be getting an assured shorthold tenancy. These usually start with a fixed term of 6 or 12 months. At the end of that period it is NOT LEGALLY NECESSARY to sign a new agreement. If you do not sign for a new fixed term then the tenancy continues as an asured shorthold PERIODIC tenancy until either the tenant gives one months notice to the Landlord OR the Landlord gives TWO months notice to the tenant. If you sign for a new fixed term, then unless you want to agree, there would no legal entitlement for a Landlord to give notice during any further fixed term period (except min 2 months to coincide with end of fixed term) so you would get the new fixed term period without bother.

THEREFORE It is legal DURING any fixed term to actually have no provision for the tenant to give notice atall - if there are any notice provisions for tenant they can be limited like your lanadlord is requesting. After that it should be one month.

First consider whether landlord may give notice to you - is it a long term let and Landlord has it for investment, not just away for work elsewhere? If investment, then they do not want it empty! Consider suggesting that no further agreement is needed or saying you won't agree to a further agreement which limits your notice entitlement in this way. Notice of 1 month tenant, 2 for landlord will apply from now on AUTOMATICALLY IF NO NEW AGREMENT IS SIGNED. Many agents will have ypou believ that anew agreement must be signed and charge you for it. But that is not true. I am a lawyer. They cannot make you sign one, but the landlord retains the right to give you 2 months notice - keep paying the rent though!

Ok here is letter in full

Dear blah blah blah,

Your lease has now come to an end and by virtue of section5(2) of the housing act 1988 you are entitled to remain in possession on the same terms as are set out in your lease until such time as either LL or tenant give notice to the other

The LL is content for this to be the case and to avoid the necessity for a new lease and the cost therof

as the rent payable will be due for biennial review with effect from july 1 it is propose that it is increased by ( I wont give a figure but it is also going up by £50 per month}

it would be appreciated if you adjust your standing order accordingly thereafter

You are asked to give a minimum of three months notics in writing but noyt to be served so as to take effect in the winter months of Dec, Jan or Feb to bring the continuation of the lease to anend.

please confirm by signing the letter

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I wouldn't consent to any rental increases in this environment

I'd never sign anotehr AST after the first has rolled over into a periodical.

3 months is bull if you're on a periodical,it's 1 month as plummet expert stated.as for winter months,don't make me laugh.

I don't want to move as I live in a fantastic place but I don't want to be bullied either

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Ok here is letter in full

Dear blah blah blah,

Your lease has now come to an end and by virtue of section5(2) of the housing act 1988 you are entitled to remain in possession on the same terms as are set out in your lease until such time as either LL or tenant give notice to the other

The LL is content for this to be the case and to avoid the necessity for a new lease and the cost therof

as the rent payable will be due for biennial review with effect from july 1 it is propose that it is increased by ( I wont give a figure but it is also going up by £50 per month}

it would be appreciated if you adjust your standing order accordingly thereafter

You are asked to give a minimum of three months notics in writing but noyt to be served so as to take effect in the winter months of Dec, Jan or Feb to bring the continuation of the lease to anend.

please confirm by signing the letter

Hang on let me get this right, they want a rent increase on a periodic which you can only cancel at times of year that suit them and while extending your notice from 1 month to 3 months.

Talk about eat your cake and eat it.. why dont they suggest you hand over your firstborn?

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The crucial date here is 28 February 1997. You say 13 years - was it before or after this date? If after - your LL can't enforce this condition, and you should (politely) tell him or the LA so.

If before, it's a bit more complicated - you could try the gov't guide

http://www.communities.gov.uk/documents/housing/pdf/138289.pdf; but I'd get down to the CAB.

Your LL isn't French is he? French LLs can't evict in winter; perhaps he's getting confused!

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The crucial date here is 28 February 1997. You say 13 years - was it before or after this date? If after - your LL can't enforce this condition, and you should (politely) tell him or the LA so.

If before, it's a bit more complicated - you could try the gov't guide

http://www.communities.gov.uk/documents/housing/pdf/138289.pdf; but I'd get down to the CAB.

Your LL isn't French is he? French LLs can't evict in winter; perhaps he's getting confused!

No we moved into property on July1st 1996

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I don't want to move as I live in a fantastic place but I don't want to be bullied either

I should just talk to them and see what they really want or need and try and come to some agreement. Just remember no LL wants a blank period however short, because it takes many months to make it up even on a hogher rent. They have to pay the agent some finding fee etc for a new T. So if you are reasonable you will have the advantage.

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Ok here is letter in full

Dear blah blah blah,

Your lease has now come to an end and by virtue of section5(2) of the housing act 1988 you are entitled to remain in possession on the same terms as are set out in your lease until such time as either LL or tenant give notice to the other

The LL is content for this to be the case and to avoid the necessity for a new lease and the cost therof

as the rent payable will be due for biennial review with effect from july 1 it is propose that it is increased by ( I wont give a figure but it is also going up by £50 per month}

it would be appreciated if you adjust your standing order accordingly thereafter

You are asked to give a minimum of three months notics in writing but noyt to be served so as to take effect in the winter months of Dec, Jan or Feb to bring the continuation of the lease to anend.

please confirm by signing the letter

Have you signed a new AST or as the letter suggested have you just automatically entered a statatory period tenancy? I am sure that is the case

There are two statatory errors in this letter if that is the case assuming you live in England or Wales (you login may be a clue ;) )

1) The landlord needs to follow a legal process to increase the rent using a section 13 notice giving you two months to decide if you want to accept the rent rise or leave

2) The landlord cannot allow you to sign away your statatory right to provide a full months notice to leave.

Please ignore the notice request, it would be polite to do so but you have no legal obligation to do so, and ensure the follow the section 13 notice process which incidentally, thet cannot use until 365 days after the fixed term of the last contract expires.

Register on landlordzone.co.uk and ask the same question (post letter) there are more experts (real solicitors) over there to validate my statement

Edited by Matt Henson

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Have you signed a new AST or as the letter suggested have you just automatically entered a statatory period tenancy? I am sure that is the case

There are two statatory errors in this letter if that is the case assuming you live in England or Wales (you login may be a clue ;) )

1) The landlord needs to follow a legal process to increase the rent using a section 13 notice giving you two months to decide if you want to accept the rent rise or leave

2) The landlord cannot allow you to sign away your statatory right to provide a full months notice to leave.

Please ignore the notice request, it would be polite to do so but you have no legal obligation to do so, and ensure the follow the section 13 notice process which incidentally, thet cannot use until 365 days after the fixed term of the last contract expires.

Register on landlordzone.co.uk and ask the same question (post letter) there are more experts (real solicitors) over there to validate my statement

Cheers guys for all the feedback ,it is gratefully accepted I will let you know how things progress

I am a really good tenant and for the record I am secretary of their village hall and manage to run a fete every year with the committee raising around £3000

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Cheers guys for all the feedback ,it is gratefully accepted I will let you know how things progress

I am a really good tenant and for the record I am secretary of their village hall and manage to run a fete every year with the committee raising around £3000

So it would appear I am wrong about the 365 days but L needs to serve a section 13 notice and give you a full months notice of rent rises and they CANNOT stipulate anything other than one months notice to you, so ignore that

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