Notice to Terminate Tenancy

Where do you get that impression from? I don't think most landlords require an employer's reference, just a landlord's reference.

If you do envisage problems, then if your present tenancy is through an agency, the landlord will no doubt confirm to them that you're only being kicked out because he wants to sell and not because of any problems with you. It might then be easier to find another place through the same agency, who will have already checked you out last time.

Another option might be to offer 6 months' rent in advance.

I was in the same position some years ago paid three months advance rent which resolved the fears of the agent and the landlord.

Phil

Did you get a discount for 3 months in advance? :)

Thank you all for your quick response. The advance rent is actually a good idea since I have a lot of cash at my disposal. I wonder why I didn't think about it before! I feel better already!

If you were renting from me (not through an agent) then simply telling me your situation would be fine from my point of view. We have generally found that renting direct (I.e. no agent) is *far* more successful and mutualy beneficial then using an agent.

I was introduced by an agent, but renting directly from Landlord through his limited company. I have no way of knowing whether they are expelling us because of my unemployement or because they are selling the house, but I find that renting in the UK is no life, especially in place like Reading which is where I live. It's my 5th move in 5 years! I wish I could afford to buy a house, but even on a decent salary, who can afford to be a first time buyer in places like here these days.

Move out of the South ?

As hard to believe as it sounds, I love living in Reading. I just wish there was a little bit more protection for people who rent. Wouldn't it be fair if there was a penalty for the Landlord if he kicks you out because he sells the house?

I've accepted 6 months up front for the property I let from a recently divorced and unemployed woman before, and would do so again conditional on the other checks giving the green light.

Same here. As a landlord I use an agent merely because distance precludes me from managing myself. As a tenant I've had experience of renting via agents and direct, and direct has been better. Membership of letting associations is no indication of agent competence, indeed, in my experience, quite the reverse.

Unfortunately that's the downside of having a flourishing rental market. Compare it with the days of the Rent Act tenancies where tenants could not be removed unless they breached contract, their dependents had succession rights and rents were regulated at around council house rates. Result ? Decline in private renting; increase in council renting.

Blame the planning authorities for listening to the NIMBYs.

Talk to this guy - he's a respected contributor to a landlord forum I used to frequent . Be up front about your situation, and offer 6 months (ie the minimum legal length of tenancy) in advance, he may be willing to help.

No because you can also be kicked out, without reason, so the penalty would have to cover all possibilities, or none, to be fair and if all, what penalty do you propose a tenant should give for leaving with only 1 months as opposed to the landlords 2.

Also, check the notice has been properly drawn up, if not, it's invalid and you can stay as long as you like until a valid notice is served. But then of course you will piss off your landlord which may be reflected in any reference he gives !

Info. and links on my web page .

Daytona (Landlord & tenant)

Some very interesting answers. Thank you for that.

I don't want to sound difficult, but six months, isn't that too much? I mean for six months I would expect at least a discount, especially since I'm relatively low risk. By that I mean I'm sitting on a nice pile of cash and I'm unenmployed by choice for the time being.

Surely, if I sign a contract for 2 years, I woudl expect use of the house for 2 years. If any party wants to break the contract, be it the tenant or the landlord, then it is only fair for one party to compensate the other.

He did indeed serve me the wrong notice period. The funny bit is that he wrote the following: "Due to changing policies in the company we require pocession (sic) on said date." That made me laugh.

I don't think he will be happy when I will only give him possession of his house at the due date unless he agrees to negociate better terms, but there is not much I can do about that. I would think I could sue him if he gives me bad references if they weren't true?

So you say, but why should a cautious landlord be convinced? The point is that tenancies are generally for a minimum of 6 months, and so you're going to have to pay 6 months' rent anyway, you might as well pay up front. But yes, maybe it is too much and three might be a happy medium. Still, with a discount equivalent to the interest you could earn on it in a bank account, that might be OK. But it won't be much, less than 1%.

Absolutely right. But it's extremely unlikely that any landlord would offer anyone a 2 year contract.

You know, that makes me think about something else that I find unfair. Why is it that the Landlord get to keep the interest on your deposit? Now we'll agree that it probably doesn't amount to a lot, but it's the principle.

Well my contract says 2 years, but really it doesn't seem to matter all that much since the Landlord can give you the boot quite easily and likewise the tenant gets to give the same notice. So it appears that there is little point in having a contract longer than 6 months. Bu then agencies will charge you just or signing the damn paper every six months! Argh!

Probably depends on location, and whether the landlord looking for a long term investment.

I had no (well, not much) problem negotiating a 12 month let with a 12 month extension (tenant's option) and an RPI rent review - this was for my parents in London. Interest on the security deposit was for my parents account.

It depends on the contract - see my post below - interest was for the tenant's account.

I agree, it would be fair for the deposit to grow, but what would be a fair rate to use? I suggest that if deposits are usually taken as a fixed factor (typically 1.0) of a month's rent, that then the deposit should grow at the rate of rent inflation. That way, a deposit starting off as one month's rent will remain the size of one month's rent even after the rent has gone up.

Then it isn't really a 2 year contract in the sense you expected. As I said, it is unlikely anyone would offer a contract with a 2 year guarantee of tenure.

You don't need to sign unless you want a new 6-month guarantee of tenure. Normally the tenancy becomes periodic, i.e. automatically extends by one month every month, once the initial 6 month period has expired.

No just a roof over our head :)

Phil

That was also an option to me, along with getting someone to act as a guarantor for me.

In the end, I passed all the agent's credit checks and was able to continue renting on a month-by-month basis.

To the OP: there's no need to worry yourself unnecessarily; you have plenty of options, as long as you don't blow your redundancy payment on a new sports car! ;-)

Best Regards, Alex.

As I mentioned, 6 months is the minimum *legal* tenancy barring manifest breaches of contract. A landlord cannot get a possession order from a court during this period. Sure, a landlord can offer, and a tenant can accept, a shorter contract but the law will prevail in the event of a dispute. ie as with most things, consenting parties can make whatever agreement (contract) they like but breaching the underlying law is unlawful.

Absolutely - it's the tenants money. I'd like to see it challenged by the Office of Fair Trading (OFT) under their Fair Terms & Conditions (FTC) guidelines, in fact I keep meaning to email them on the subject (link on my webpage ). There is no law governing this - it's down to what ever is agreed in the contract. Be aware that it might be the agent that receives the interest, again down to the contract between landlord & agent. My agent with whom I let my property tried to slip the change in when they changed to using the, then new, ARLA OFT FTC compliant contracts. I struck the clause out, which was noticed & appreciated by the tenant. As a tenant and landlord I only choose agents (& landlords) that do not deduct interest from deposits. For the amount of interest it generates, it's a poor business decision, generating ill will from day one. IME agents & landlords who deduct interest is indicative of a less than professional attitude that can lead to problems in other areas.

This is what happens, it's know as a fixed tenancy - read the government AST brochure linked to on my webpage. Once it's ended it becomes a periodic tenancy, ended with 1 (tenant) or 2 (landlord - minimum 2 months) full rental periods (indicated by the frequency of the rent payments and using the start date of the tenancy as a base to count from) notice which is the situation I presume you are in.

Then you have right of tenancy for 2 years. It's a fixed tenancy. Depending upon the contract it may have break clauses in.

How do you know ? Read the government AST brochure for basic understanding.

a) again that's down to the contract, and an issue I treat the same as deposit interest in my approach, although it differs slightly in that a tenant may specifically request the security of tenure for 6 months afforded by a fixed contract, as can a landlord. ime agents do this merely to charge the tenant & landlord fees.

b) if you have a 2 year fixed contract it's unnecessary. Can you post the type of contract (it's title) the date it started, the length and any break clauses. Also the exact wording of the landlords notice and the start date of the most recent 6 month contract. Because from what you are saying, it doesn't appear to make sense. Make a new post and crosspost to uk.legal.

Cheers

Daytona (Landlord & tenant)

Good point. That's another common method, and something almost all student lets require.

Daytona (Landlord & tenant)