2 months notice served - when can I leave?

-Ad- · 3 Jul 2014 at 15:27

Hey guys,

Just had a calling from the letting agent and the Landlord is serving me 2 months notice to leave the rented flat as he's selling up.

The payment is normally taken on the 24th of each month, so leaving date is officially the 24th September. FYI I'm in Aberdeen Scotland and currently on a standard rolling month contract after my 6 monthly lease lapsed over a year ago.

Naturally I want to get out asap, but do I have to give 1 month notice, be it from the pay date (24th, so can leave on 24th August) or can I give the month notice from say tomorrow, then just pay the extra week or two from 24th July - 1st August?

Will find my contract tonight, but it would be interesting to know as the GF apparently just left her rented place a few years ago when served notice and didn't have to pay anything back, as they had served notice on her.

Thanks.

timebomb26 · 3 Jul 2014 at 15:46

I'm not shure shonny.

Arsonist · 3 Jul 2014 at 15:48

timebomb26 said:
I'm not shure shonny.

I'm also not sure m'dear.

meandu229 · 3 Jul 2014 at 15:50

Make a deal with your landlord,, they may be lenient if your wanting to get out early.

jay20aiii · 3 Jul 2014 at 15:53

It will probably say in your tenancy agreement if you have one. I would have thought you would have to give a months notice though which is usually the norm. That notice can be served anytime though. You then just work out what is owed up to the date your notice runs out.

phonemonkey · 3 Jul 2014 at 16:11

I'd think you'd be responsible for the rent for the 2 months unless the landlord/letting agency can find an alternative tenant quickly.

Deiwos · 3 Jul 2014 at 16:13

phonemonkey said:
I'd think you'd be responsible for the rent for the 2 months unless the landlord/letting agency can find an alternative tenant quickly.

Did you read the OP? Landlord is selling up.

To the OP, speak to your agents/landlord. Might find you can get out earlier if landlord wants to sell. I'm sure he'd rather sell in July than September. That's what my mate did in Edinburgh so same laws etc.

crinkleshoes · 3 Jul 2014 at 16:18

Why the rush, you have til end of Sep?

Weather will be a bit cooler at the end of Sept, making moving a less sweaty business

If your contract states you have 1 months notice to give, you can leave 24th August... or negotiate with landlord to leave earlier

kaptainmarc · 3 Jul 2014 at 16:23

I think it would depend on the contract, but if he's handed the notice to you surely you can now leave at any point in this period?

but as others have said, ask the landlord

-Ad- · 3 Jul 2014 at 16:54

Yeah think I will.

Lease says that once onto month by month basis wuntil terminated by either party giving the other 2 months notice in writing.

How can it be month by month then require 2 months notice from either party. Surely that can't be right as it's either one or the other, not both. Shelter Scotland say if you're month by month then minimum notice is 28 days. Might call them tomorrow.

crinkleshoes said:
Why the rush, you have til end of Sep?

Weather will be a bit cooler at the end of Sept, making moving a less sweaty business

If your contract states you have 1 months notice to give, you can leave 24th August... or negotiate with landlord to leave earlier

Why pay £900pcm all in when i can get out and pay less elsewhere

Might have to negotiate and take some advice on the month by months / still 2 months notice given above.

crinkleshoes · 3 Jul 2014 at 18:50

Yes - it can be "month by month" and still require a longer notice period... but only reasonable increases, I believe... so they can't easily ask for a 12 month notice period IIRC.

My flat is 1 month period, however requires 3 months notice

If both you and landlord want you out of the flat, then you mayyy be able to negotiate to leave earlier... just ask the question, see what happens... although he may be counting on that extra months rent and tell you to shove it

900pcm in Scotland? you renting a mansion?

Cemetery · 3 Jul 2014 at 18:59

1 month notice from the tenant, 2 from the LL.

My last tennancy you had to give a rental months notice so if your pay date was the 24th & you gave notice now, it would take effect for the 24th of August.

Gaygle · 3 Jul 2014 at 19:01

timebomb26 said:
I'm not shure shonny.

-Ad- · 4 Jul 2014 at 10:46

crinkleshoes said:
Yes - it can be "month by month" and still require a longer notice period... but only reasonable increases, I believe... so they can't easily ask for a 12 month notice period IIRC.

My flat is 1 month period, however requires 3 months notice

If both you and landlord want you out of the flat, then you mayyy be able to negotiate to leave earlier... just ask the question, see what happens... although he may be counting on that extra months rent and tell you to shove it

900pcm in Scotland? you renting a mansion?

Not a mansion, unfortunately renting and house buying are both reflective of us all being Oil Barons

But people are having to bid up for nice rentals and houses generally get sold within a week or 2, usually closed bids of at least 10-20% over asking.

Been reading up and I might be locked into the 2months, will discuss with the LA and try to contact the LL to see if he would be happy to get me out sooner to help him get flat sold quickly.

It could work out well for us both.