Just after receiving 28 days notice even though there is 7 weeks left on the lease.

funnyname

Hi

Signed a 12 month lease on 14/04/2009, just after receiving a call that they have sold the flat and are giving me 28 days notice. this doesn't go to the full term of the 12 months agreed, is that just it or can I make them adhere to original lease.

Many Thanks

amazingemmet

I see you're living in London, iirc the minimum notice under tenant law is two months.

funnyname

No Galway, you go in before I changed my location.

jhegarty

You are entitled to finish the lease unless there is break condition in it.

funnyname

Thanks

I don't have the lease agreement on me and I'm going away for the weekend, will have a gawk at it when I get back.

20goto10

You can be given notice before end of the lease if landlord is selling or moving back in. He may need to give you more than 28 days depending how long you've been there.

jhegarty

20goto10 wrote: »

You can be given notice before end of the lease if landlord is selling or moving back in. He may need to give you more than 28 days depending how long you've been there.

You are thinking of a part 4 tenancy , this is a fixed term lease.

RentDayBlues

If you have a fixed term lease you are entitled to stay until the end of the lease, no matter what the Landlord is up to!

One idea might be to offer to move out early in return for a buy out fee - if the LL wants you out that bad he may just pay up

If you dont want to leave, stand your ground and contact threshold. Most leases that have a break clause do so at month 6 so check that too

funnyname

I'm not sure what's on the agreement, was caught on the hop when I was told about the 28 days notice, they did mention that it was a rolling contract so that's why they could do it but I'm pretty certain it was for a full year. Sorry for posting without all the relevant facts just a bit p!ssed off as it doesn't give me long to get another place. Was going to get on to them on Monday to see if I could extend but they got to me first, D'oh!

She Devil

If it is a rolling contract then 28 days is all needs be, but if you signed a lease at the beginning it is almost always for 12months.

20goto10

jhegarty wrote: »

You are thinking of a part 4 tenancy , this is a fixed term lease.

Sorry my bad I misread...

Victor

She Devil wrote: »

If it is a rolling contract then 28 days is all needs be, but if you signed a lease at the beginning it is almost always for 12months.

If they have been there 10 months, its a bit longer.

wyndham

If you have been there longer than 6 months, you are entitled to 35 days notice. From Threshold-

The Residential Tenancies Act 2004 affords greater security of tenure to tenants in the private rented sector. The landlord can terminate the tenancy without reason during the initial six months but once the tenancy has lasted six months, the landlord will only be able to end it on specific grounds. Acceptable grounds include the tenant not complying with their obligations (e.g. not paying their rent), the landlord intending to sell the dwelling and the landlord requiring the dwelling for his own occupation or for a family member. For a complete list of the acceptable reasons, contact Threshold.

The landlord must also give the tenant written notice of termination. The period of notice will depend on the duration of the tenancy.

Duration of Tenancy Notice by Landlord
Less than 6 months - 28 days
6 or more months but less than 1 year - 35 days
1 year or more but less than 2 years - 42 days
2 years or more but less than 3 years - 56 days
3 years or more but less than 4 years - 84 days
4 or more years - 112 days

Max Power1

wyndham wrote: »

If you have been there longer than 6 months, you are entitled to 35 days notice. From Threshold-

The Residential Tenancies Act 2004 affords greater security of tenure to tenants in the private rented sector. The landlord can terminate the tenancy without reason during the initial six months but once the tenancy has lasted six months, the landlord will only be able to end it on specific grounds. Acceptable grounds include the tenant not complying with their obligations (e.g. not paying their rent), the landlord intending to sell the dwelling and the landlord requiring the dwelling for his own occupation or for a family member. For a complete list of the acceptable reasons, contact Threshold.

The landlord must also give the tenant written notice of termination. The period of notice will depend on the duration of the tenancy.

Duration of Tenancy Notice by Landlord
Less than 6 months - 28 days
6 or more months but less than 1 year - 35 days
1 year or more but less than 2 years - 42 days
2 years or more but less than 3 years - 56 days
3 years or more but less than 4 years - 84 days
4 or more years - 112 days

Is that not just for part IV tenancies? I thought the whole point of a fixed term lease contract was that neither party can break it early

Merch

funnyname wrote: »

Hi

Signed a 12 month lease on 14/04/2009, just after receiving a call that they have sold the flat and are giving me 28 days notice. this doesn't go to the full term of the 12 months agreed, is that just it or can I make them adhere to original lease.

Many Thanks

jhegarty wrote: »

You are thinking of a part 4 tenancy , this is a fixed term lease.

Hmm the OP said it was a twelve month lease, perhaps the OP can look at and clarify if it is a fixed term lease, many part 4 are for 12 months but that doesnt mean it is fixed term unless it is specified.

antoinolachtnai

You have to read the detail of the lease. What exactly does it say about term and termination?

Merch

In the absence of any reply from the OP
If you are in a part 4 tenancy all you can expect/are entitled to (in your circumstance) is 35 days notice, that is unfortunate if this inconveniences you but it is allowed, maybe it isnt too bad as you can look around and get a better deal somewhere else earlier.
If you are in a fixed term it isnt allowed unless both parties agree to terminate the contract, but this could come to your benefit, perhaps they are happy to sell the house at a price and are willing to come to some arrangement with that allows them to complete the sale of their house and you to agree to leave?
assuming this doesnt inconvenience you, it might work out in your favour?

You need to look at your lease, a part 4 may not necessarily say part 4 in it, but a fixed term lease would have to specify somewhere that it is for a fixed term.
A part 4 could be for 12 months but that doesnt mean it is a fixed term, ie either you are the landlord can terminate with the appropriate notice.