Further to my other thread… We've just been given 1 month notice to 'temporarily' vacate our flat (see here for more information (if you're interested) 🙂

We don't have a formal lease as such (though we did for the first 12 months of being here), but just wondering what the minimum statutory notice might be? Is it 1 month or 2?

cheers 🙂

Depends on a bunch of factors. Could be either or you could even have security depending on what the actual legal situation is.

Given that you had a formal lease does that not say? The usual thing IIRC is if you have a short assured tenancy ( is that what its called – the usual 6 month lease) then usually if the lease is allowed to continue its two months notice. Your lease should tell you.

what's security?

Sorry – crossed posts as I edited. its possible to end up with security of tenure – ie you cannot be given notice if the landlord really cocks things up. Rare these days tho

probably doesn't apply to us I'd guess 🙂

You need someone who really knows their stuff to tell you for sure. Have a look at your documentation from the previous lease – it might say. certain things happening in the lease give different rights

coolbies… shall do 🙂

Check the original lease (Assured Shorthold Tenancy, or AST) – it will probebly state what terms apply at the end of the original 12 month period.

Usually you fall off on to a monthly licence arrangment – so either you or the landlord normally need only give 1 months written notice to vacate.

Go back to the orignal lease paperwork to be sure though.

TJ, in trying to explain stuff he know's nothing about shocka, again

It's one months notice (seeing as your several years into your "contract" notice has to be given to reflect the payment amounts i.e 1 months rent = 1 months notice etc etc)

Though from what you said about how much you pay I wouldn't complain to much

I think if your on a continuation of your teanacy without formal agreement you need 2 months notice. Speak to citizens advice or a tenancy lawyer

Lanesra – it all depends on what form the original tenancy was and what was written in it.

I rent out a flat and after the initial six months that reverts to 2 months notice for either tenant or landlord. However I could reright the lease to be one month for each or anything I wanted.

Lanesra if you want to slag folk off do please try to get it right. Tenancies come in a variety of forms and there is no hard and fast rule over notice periods.

Not sure we have an AST… though we did sign a contract of sorts, just don't think it was a formal AST arrangement. Shall dig it out and see what the gist of it is.

TJ, You live in Scotland which has a backwards Legal system; hence scottish law graduates can't practise in England as a Solicitor unless they take a course to teach them correctly

If you have no joy on here try CAB as already mentioned or the shelter website.

You can also try the forum on housepricecrash.co.uk as they have a rental section. Some of them are fairly militant though so take what they say with a pinch of salt.

Personally I'm fairly certain that once your original written contract expires you are automatically onto a monthly periodical contract unless anything is done to change that. If you have paid any rent since your contract ended that is as good as a new contract if accepted. I thought even in this case it was always 2 months for the landlord and 1 month for the tennant.

paid the rent for September 2 days ago… so we're paid up till 30th Sept. I don't want to be a hard-ass with her, but I do want to make sure we're not out of pocket or too disadvantaged by this… god knows where we're going to find temporary and affordable accommodation for two bloody months…

Lanesra – what you say is the norm but it can be different. You don't even know what type of lease the guy has.

No need to be offensive. Being offensive shows you lost the argument.

There was never any argument for me to lose.

Whilst I've got you on your high horse, I've met Psychle and can guess his tenancy arrangements.

Psychle, when was your payment due to be made? If she gave you notice after that date you now have two months, if before you have the one month

Just squat if need be it will take her at least two months to get a court order 😉

Hey Lanesra, good to meet you the other day, hope you enjoyed your winnings 😉 Just a thought, but don't suppose your employer has any apartments etc available for short let by chance? 🙂

He does but you'll be paying the same per week as you do per month at the moment. If you do get desperate I can get you a cheap short let 1 bed in NW1 for around £300-£350 per week

Cool… thanks for that. Will let you know 🙂 Hopefully we can find something more affordable (to us at least 😉 ). Might even end up living in the store for a bit (air mattress on the floor, shower, kitchen etc… shouldn't be too unbearable 😆 )

Jonb has it right iirc, 2 months landlord 1 month tenant if on a rolling contract. Bear in mind that notice must be given before contract date, normally rent day. You couldn't give notice on 15th September and move 15th October if rent paid on 30th. You'd be paying rent till 30th October.

I can tell you.. tomorrow.

Mate! I'm not stalking you honestly. I work (part time) in a kind of emergency rehousing role. Under UK tenancy law, if there is no formal agreement to the contrary and you're not in breach of your tenancy agreement (having a gerbil where No Pets was stated, that kind of thing) tenant has to give 1 months notice and landlord 2 months minimum. Notice is taken as given on rental payment date.
whoops!
EDIT: Somebody has already said as much above.

cheers for the advice chaps… I've told her she should be giving us 2 months notice, but we'll work around it (we want to move back into the flat once she goes in November, so can't burn bridges, much as we'd like to!)