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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is it statutory law that I give 1 months notice , at the end

Customer Question

Is it statutory law that I give 1 months notice , at the end of a six month shorthold tenancy , my financial situation has changed dramatically and I can move back home , my shorthold tenancy agreement finishes on Dec. 28 th , I am aware that I haven't given much notice to the estate agents ( 2 weeks ) but unfortunately this has been due to circumstances beyond my control . My tenancy does not state I have to give one months notice , but that should I leave before the end of the tenancy shorthold I would have to pay the remaining rent , the estate agents are adamant that it is statutory law that I give a months notice and are insisting I contact the landlady to see if she will release me from the contract before it becomes a periodic tenancy. I cannot afford another months rent and am worried they will keep my deposit .
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what notice your contract states you need to give?

JACUSTOMER-z6cvbcul- : It does not state that I have to give any notice
Alex Watts :

Your tenancy agreement should say how much notice you need to give your landlord before you leave the property.

Alex Watts :

If it does not then 2 weeks notice is enough

Alex Watts :

If they want longer then it is sloppy drafting of the tenancy agreement and should have been worded better.

Alex Watts :

But you can give 2 months.

Alex Watts :

There is no law that says you must give 1 months notice

Alex Watts :

But there is law to say the Landlord must give you 2 months notice

Alex Watts :

But if it is not in the contract then 2 weeks is fine

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-z6cvbcul- : Am I right to think I could in effect walk away from the property on Dec 27 th without giving any notice as the 6 month shorthold tenancy runs out on Dec 28 th
Alex Watts :

Well that would be very unreasonable of you

Alex Watts :

So 2 weeks is fine but anything less might be considered very unreasonable

Alex Watts :

Its sloppy drafting but that is unfair to penalise your Landlord

JACUSTOMER-z6cvbcul- : I agree , but they are forcing me into a periodic tenancy, which I cannot afford,and the estate agents seem reluctant to listen
Alex Watts :

Ok - well give 2 weeks notice in writing say you intend to leave.

Alex Watts :

Then say THEY need to show in the contract where they are relying on the contract.

Alex Watts :

They can't do that.

JACUSTOMER-z6cvbcul- : Can they hold onto my deposit
Alex Watts :

No, its protected so you can raise a dispute if they do not release it

Alex Watts :

The same thing applies - they can only rely on the contract

JACUSTOMER-z6cvbcul- : Is my telling the estate agent enough or do I have to contact the landlady myself , all other matters have been dealt with by the estae agent
Alex Watts :

Yes the agent is acting as that - on behalf of the Landlord

JACUSTOMER-z6cvbcul- : Is an email sufficient ? And am I able to quote you
Alex Watts :

Email is fine as long as they confirm receipt.

Alex Watts :

You can say you have taken advice.

JACUSTOMER-z6cvbcul- : Do you have a formal title that I can say I've taken advice from ?
Alex Watts :

Although I am a Solicitor out chat does not create a formal client relationship. You can say you have taken legal advice.

JACUSTOMER-z6cvbcul- : If I send an email today stating i am leaving the property on the 27 th dec , can you please advise me on how I should write it
Alex Watts :

You just state as per the contract you are leaving on 27th Dec.

JACUSTOMER-z6cvbcul- : The correct terminology
Alex Watts :

You state the contract does not include a minimum notice period.

Alex Watts :

If you want me to draft it I can but the site will charge you extra for that

JACUSTOMER-z6cvbcul- : Should I quote the tenancy agreement back to them with the relevant terminology , also do I need to say something about it not being statutory law
Alex Watts :

No, forget that.

Alex Watts :

They need to show its in the contract etc

JACUSTOMER-z6cvbcul- : Should I cancel my direct debit to them so they cannot take Jan rent .
JACUSTOMER-z6cvbcul- : What do I do next if they refuse to accept my email , should I just move out ........ I feel very intimidated by them , and don't want to be given a bad reference because I have tried to be fair and informed them as soon as I knew
Alex Watts :

Yes just move out. You should cancel the DD>

Alex Watts :

You wont get a reference if they believe they are right

Alex Watts :

If they refuse to accept it, you move out and claim your deposit back

Alex Watts :

Does that help?

JACUSTOMER-z6cvbcul- : Yes thank you , I guess in the future I don't have to give them as a reference , this is my first rented property after uni .
Alex Watts :

Can I clarify anything else for you?

Alex Watts :


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