PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.Periodic Tenancy Notice
JSPENCER
Posts: 40 Forumite
Hi Guys
looked through a few threads like this but think my situation is slightly different.
Lease came to an end in January, it didn't specify what happens when the least ends, therefore I'm under the impression it rolls onto a statutory periodic tenancy by default.
However, managing agent did email me in October to advise lease was coming to an end, and I could go onto a periodic/rolling contract (doesn't specify statutory or contractual). Their email states:
"A periodic tenancy means that if you wish to vacate the property then you will have to give us 2 months notice in writing. Please be advised that the landlord can also give you two months notice to vacate"
I replied to say (verbatim) "Happy to go onto the rolling contract if the price stays the same", and was told I'd receive a letter in the post to confirm, which I never did.
My question is - Am i actually committed to giving two months notice based on my reply to that email? I haven't signed any new documentation, and it also doesnt state that the rolling contract is for a set time frame (30 days, 60 days etc) - What I've seen is 30 days notice is normally the case for statutory periodic tenancies. Have I basically committed to a contractual periodic tenancy via email?
looked through a few threads like this but think my situation is slightly different.
Lease came to an end in January, it didn't specify what happens when the least ends, therefore I'm under the impression it rolls onto a statutory periodic tenancy by default.
However, managing agent did email me in October to advise lease was coming to an end, and I could go onto a periodic/rolling contract (doesn't specify statutory or contractual). Their email states:
"A periodic tenancy means that if you wish to vacate the property then you will have to give us 2 months notice in writing. Please be advised that the landlord can also give you two months notice to vacate"
I replied to say (verbatim) "Happy to go onto the rolling contract if the price stays the same", and was told I'd receive a letter in the post to confirm, which I never did.
My question is - Am i actually committed to giving two months notice based on my reply to that email? I haven't signed any new documentation, and it also doesnt state that the rolling contract is for a set time frame (30 days, 60 days etc) - What I've seen is 30 days notice is normally the case for statutory periodic tenancies. Have I basically committed to a contractual periodic tenancy via email?
0
Comments
-
What does your tenancy agreement say?0
-
What does your tenancy agreement say?
As mentioned in my original post, the lease doesn't specify what happens when it comes to an end - no mention of a periodic tenancy.
I guess I just need to know, is me confirming via email that I'm happy to go onto a rolling contract a binding agreement? nothing has been signed.0 -
Possibly, it's ultimately for a court to decide or you and LL to agree.
Sorry it's not a clear yes / no. If you gave one month notice, in line with rental period, it may be that the LL would accept this. Wot a nudge and a wink to accommodate viewings more liberally than you are actually required to.0 -
What I've seen is 30 days notice is normally the case for statutory periodic tenancies.
I don't know the answer to whether the email & confirmation is enough to create a Contractual Periodic Tenancy - think that would be one for a court to decide. However to be precise if you are on a SPT, the notice should be
"One full period".
This is significant because it has to align with tenancy periods, not just be 30 days / 4 weeks / 1 calendar month.0 -
I don't know the answer to whether the email & confirmation is enough to create a Contractual Periodic Tenancy - think that would be one for a court to decide. However to be precise if you are on a SPT, the notice should be
"One full period".
This is significant because it has to align with tenancy periods, not just be 30 days / 4 weeks / 1 calendar month.
My period would end on the 15th of the calendar month, therefore I know I would need to give notice on the 15th of the month if one full period is required, ready to move out on the 14th of the following month.
Very interestd to hear if anyone knows whether the email is contractual.0 -
Your issue could ultimately only be decided by a court.
I suspect that an offer was made, and that offer was accepted, so a contractual periodic tenancy exists with notice terms as stated (2 months).
However there is room for doubt if you chose tomake an issue of it. You could try giving the required 'one full tenancy period's notice' required by a SPT and see how the landlord/agent responds.
If they insist on 2 months, even after you point out the SPT notice requirement, then you're into either
* them suing you for rent arrears
* you suing them for deduction from deposit
and a court being asked to decide (or deposit scheme arbitrator)0 -
Your issue could ultimately only be decided by a court.
I suspect that an offer was made, and that offer was accepted, so a contractual periodic tenancy exists with notice terms as stated (2 months).
However there is room for doubt if you chose tomake an issue of it. You could try giving the required 'one full tenancy period's notice' required by a SPT and see how the landlord/agent responds.
If they insist on 2 months, even after you point out the SPT notice requirement, then you're into either
* them suing you for rent arrears
* you suing them for deduction from deposit
and a court being asked to decide (or deposit scheme arbitrator)
Would definitely rather not go down the court route for this one.
I've explained my confusion to them, as at no point was the word 'contractual' used, no rolling tenancy length was specified (1 month, 4 weeks, 1 rental period etc), and the fact they said I'd receive a letter confirming details, which I never did.
Just waiting on a reply, always good to be armed with information first hence my questions here.0 -
There is no requirement for the word 'contract' to be used in order to form a contract. An 'offer' is required, as is 'acceptance' of that offer.I've explained my confusion to them, as at no point was the word 'contractual' used, no rolling tenancy length was specified (1 month, 4 weeks, 1 rental period etc), and the fact they said I'd receive a letter confirming details, which I never did.
It need not be written - it can be verbal. In this case email has been used.
It would be assumed that the periods would be the same as those of the rent periods. If you've been paying monthly, it would be a monthly periodic.If you've been paying weekly, it would be a weekly periodic etc.
The use of the words 'letter confirming' strongly suggests that the contract has already been formed. The letter would simply, as it says, confirm something that has already happened. The lack of the letter, then, could not negate a contract already formed.
Sorry - I'm playing devil's advocate here and giving you the legal line they could pursue. Not saying they would win of course!0 -
There is no requirement for the word 'contract' to be used in order to form a contract. An 'offer' is required, as is 'acceptance' of that offer.
Consideration is also required, but from my understanding (not a lawyer) this is satisfied as both sides are giving up something (2 months notice, price stays the same)0 -
Consideration is also required, but from my understanding (not a lawyer) this is satisfied as both sides are giving up something (2 months notice, price stays the same)
Consideration: Rent in exchange for a property.
the notice is the terms of contract, which do not require consideration.0
This discussion has been closed.
Categories
- All Categories
- 343.1K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.6K Spending & Discounts
- 235.1K Work, Benefits & Business
- 607.8K Mortgages, Homes & Bills
- 173K Life & Family
- 247.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards