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Given 2 Months Notice, Only One Month Required-Can LL ask us to leave in 1 month

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Author Topic: Given 2 Months Notice, Only One Month Required-Can LL ask us to leave in 1 month  (Read 178 times)
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« on: November 13, 2019, 12:42:49 PM »

The tenancy at my flat (i live with 2 others) is a rolling tenancy since last year and we pay our rent every month on the 11th. We are looking to move out middle of January so i informed our landlord of our intentions. She has since though said that doesn't work for her and that we would either have to move out on mid December or mid February as it's not convenient to arrange viewings etc over the Christmas period. This however isn't convenient for us either as we can't move out in December and are all arranging to find new places in January and hence don't want to pay rent on two places for January. If we were to formally serve our notice this week (we have a 1 month notice clause) saying that we wanted to move out 11th of January would she be able to then serve us a notice saying she wants us out earlier than this i.e. mid December, or would our notice stand?
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« Reply #1 on: November 13, 2019, 01:22:41 PM »

She'd be a damned fool to serve you with a notice to move out in mid-December.  Awful time to try and find a tenant.
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« Reply #2 on: November 13, 2019, 02:04:38 PM »

Your notice stands. It's not about any clause you have, or may not have - it's a statutory right. Conversely, the Landlord cannot accelerate that - you must be given "at least 2 months notice", again - no matter what clauses exist in your agreement, really.
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« Reply #3 on: November 13, 2019, 02:52:41 PM »

You have been very considerate,and there is no need to comply with her request.Personally,having a void in mid-Jan is certainly preferable,all the holidays out of the way,and tenants starting to plan ahead.
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« Reply #4 on: November 13, 2019, 03:28:12 PM »

Caring about the convenience of another party kind of implies a personal relationship, whereby you want to go out of your way to do your best for the other entity. That's not what this is. This is a business relationship... in that relationship what you operate on is agreements (documents) and law (statute).

If you serve your notice now (13 Nov 2019) then you can leave the property on 10 Jan 2020. Unless by mutual agreement there is no scenario where you could move out 10 Dec 2019 - that's you giving notice to the Landlord today (at least 1 month required), or the Landlord giving you notice today (at least 2 months required)... assuming the tenancy will end on a rent boundary day (which it should), that being the 10th (if you pay for the month ahead on the day the month boundary starts - 11th).

You can serve your 1 month notice any time up to 10 Dec 2019... but you might want to get your ducks lined-up in good order... but not too early, as the Landlord might start to broach the idea of viewings, thereby disrupting, somewhat, your right to Quiet Enjoyment)... so be canny.
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