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estate agent question

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jentee | 18:58 Tue 29th May 2007 | Law
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my one year lease of a flat is up on 3june.6 weeks ago i was told the landlord was selling.i got first option to buy which i declined.the estate agent didn't send me a renewal contract for obvious reasons but i hate living in limbo and want to move out.i understand they need to give me 2months' notice before i need to leave but conflicting stories from mates(could THAT be the problem?)say i only need give one month since there is no ongoing written contract..the old contract only mentions break clause;'the landlord or tenant may give 2months prior written notice...at any time to terminate this agreement provided [this] does not expire sooner than 12 months from start of tenancy'.thanks,in advance.
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Oh dear only a few days

You could stay on, and they can't evict you without a court order. The court order for which you must be given notice, takes around six weeks
You should pay/offer rent during that time
That's when you tool up to court and say that the notice was not valid and see what the judge says

It is likely he will give possession - say two weeks

and there! eight extra weeks but you would have to pay rent for this.

This was the time scale for a tenant whose son had been done for sexual offences and they knew they could never get another tenancy anywhere....
[Rehoused and the son went on misbehaving....]

You know you're gonna have to move
and I would move if I were you.......

PP
Question Author
thank you folks. i know,clearly, i have to leave but was getting no help from the estate agent when i wrote a letter giving one months' notice(at 11months rental period) since i'd found a truly great place to move to. this has now fallen thru cos i was led to believe i had to give two. the signed contract ends this saturday and i have another nice place i could take in a month IF i had alegal backbaone to prove i could leave without them holing my deposit..is it enough to give one month's notice now and i'm safe?
if your agreement was for 12 months and you want to move out at the end of it, which I think is what you're saying, you don't need to give notice, you can simply move out on 3 June as your agreement has ended.

If you want to stay on and you have no new agreement then you will be on a periodic tenancy. This has the same terms as your existing tenancy except you need only give 1 months notice to quit and the landlord has to give you 2 months notice to vacate.

If you want to get out asap then you can leave on 3 June without paying any more rent and without giving notice.
Question Author
these answers are very helpful and appreciated. i just need a legal link to refer to when i leave in next few days(if i have the backup and balls to walk out knowing they have my deposit hostage)..thanks folks
Question Author
CASCARELLI !! where do you get your info? it would be a great help to me.

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