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If your original written tenancy agreement stated you had to give two months' notice to end the tenancy then that would continue with the periodic tenancy. If it was one month and the agent has only said to you that the notice you now have to give is two months, they'd have to prove that was agreed with you. With nothing in writing that will be tricky for them.0
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If your original written tenancy agreement stated you had to give two months' notice to end the tenancy then that would continue with the periodic tenancy. If it was one month and the agent has only said to you that the notice you now have to give is two months, they'd have to prove that was agreed with you. With nothing in writing that will be tricky for them.
I think you might be confused.
You cant be required to give two months notice to end a fixed term, so it couldn't 'continue' into the periodic.0 -
Consideration: Rent in exchange for a property.
the notice is the terms of contract, which do not require consideration.
I was thinking of the emails as a modification to the original contract, so the rent in exchange for property was already happening, the only new thing is the ability to leave with 2 months notice. Consideration is usually but doesn't have to be money.
Your way does make (more) sense treating the emails as a new contract, under which rent in exchange for property did start to happen so this is fulfilled.0 -
I think you might be confused.
You cant be required to give two months notice to end a fixed term, so it couldn't 'continue' into the periodic.
If there was a break clause to offer two months' notice in the original contract, does the break clause automatically roll into a periodic tenancy as well or no?
This is the situation we find ourselves in, but the agency have implied if we go onto a rolling contract we need only serve one month's notice (however they of course mean, one rental period).0 -
If there was a break clause to offer two months' notice in the original contract, does the break clause automatically roll into a periodic tenancy as well or no?
This is the situation we find ourselves in, but the agency have implied if we go onto a rolling contract we need only serve one month's notice (however they of course mean, one rental period).
No a break clause would not automatically roll into a periodic tenancy.
It depends on what kind of periodic tenancy you create. a STP is one rental period. A CPT is whatever is agreed (but cannot be less than the law requires)0 -
If there was a break clause to offer two months' notice in the original contract, does the break clause automatically roll into a periodic tenancy as well or no?
This is the situation we find ourselves in, but the agency have implied if we go onto a rolling contract we need only serve one month's notice (however they of course mean, one rental period).
Not really.. any fixed term tenancy rolls into a Statutory Periodic Tenancy, unless there are clauses specifying what happens AFTER the fixed term ends, in which case those terms form a Contractual Periodic Tenancy. A break clause refers to a time DURING the fixed term.
In OP's case, the tenancy would have rolled into a SPT as there were no terms outlining a CPT in the original tenancy agreement. However (arguably) a new CPT was subsequently created by the exchange of emails. The new CPT said 2 months notice each side.
SuboJvR- If you have a question with different circumstances, maybe quote whatever sections of your tenancy agreement you think are relevant and we can take a look at what applies to your situation? It sounds like there was no mention of a CPT so it rolled into a SPT as there were no further agreements formed.0 -
Not really.. any fixed term tenancy rolls into a Statutory Periodic Tenancy, unless there are clauses specifying what happens AFTER the fixed term ends, in which case those terms form a Contractual Periodic Tenancy. A break clause refers to a time DURING the fixed term.
In OP's case, the tenancy would have rolled into a SPT as there were no terms outlining a CPT in the original tenancy agreement. However (arguably) a new CPT was subsequently created by the exchange of emails. The new CPT said 2 months notice each side.
SuboJvR- If you have a question with different circumstances, maybe quote whatever sections of your tenancy agreement you think are relevant and we can take a look at what applies to your situation? It sounds like there was no mention of a CPT so it rolled into a SPT as there were no further agreements formed.
Thank you - my question has been answered; apologies for derailing slightly but the wonderful MSE folk had also helped me in another thread :-)
This thread has been very helpful for me to read to make sure we don't end up inadvertently agreeing CPT terms via email.0
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