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  • FIRST POST
    • Lysimache
    • By Lysimache 5th Jan 18, 8:51 AM
    • 111Posts
    • 42Thanks
    Lysimache
    Rolled over into periodic tenancy - giving notice of 6 weeks rather than 4 weeks?
    • #1
    • 5th Jan 18, 8:51 AM
    Rolled over into periodic tenancy - giving notice of 6 weeks rather than 4 weeks? 5th Jan 18 at 8:51 AM
    I had an annual AST which rolled over into a periodic tenancy last September. There wasn't any new contract, it just rolled over and continued merrily along.

    Rental period is 13th of each month to 12th of next month; paid monthly.

    I understand I can give 4 weeks notice to move out before e.g. 13th Feb. What if I want to move out not on 13th Feb or 13th March, but say e.g. 1st March instead?

    Can I just give notice now that I wish to terminate the contract but on the 1st March? Or will I have to terminate/pay up to 13th March? I understand rolling over means that any terms about giving notice in the original contract are irrelevant.

    Ta for any advice!
Page 1
    • Lysimache
    • By Lysimache 5th Jan 18, 8:53 AM
    • 111 Posts
    • 42 Thanks
    Lysimache
    • #2
    • 5th Jan 18, 8:53 AM
    • #2
    • 5th Jan 18, 8:53 AM
    Not a fixed term, btw. There's no end date at the moment...

    From looking online it seems I can only try to negotiate to try to get an end date inbetween the months, I can't just give lots of advance notice and end it in the middle of the month? Hm.
    Last edited by Lysimache; 05-01-2018 at 8:56 AM.
    • Comms69
    • By Comms69 5th Jan 18, 9:49 AM
    • 1,797 Posts
    • 1,632 Thanks
    Comms69
    • #3
    • 5th Jan 18, 9:49 AM
    • #3
    • 5th Jan 18, 9:49 AM
    I had an annual AST which rolled over into a periodic tenancy last September. There wasn't any new contract, it just rolled over and continued merrily along.

    Rental period is 13th of each month to 12th of next month; paid monthly.

    I understand I can give 4 weeks notice to move out before e.g. 13th Feb. What if I want to move out not on 13th Feb or 13th March, but say e.g. 1st March instead?

    Can I just give notice now that I wish to terminate the contract but on the 1st March? Or will I have to terminate/pay up to 13th March? I understand rolling over means that any terms about giving notice in the original contract are irrelevant.

    Ta for any advice!
    Originally posted by Lysimache

    No, your notice must be a minimum of 1 month (if rental period is monthly, which it sounds like it is) and it must end at the end of a rental period.


    You can give as many week notice as you want, assuming it's more than one month, but it must end on the 12th in your case. (the 13th would take you into the next period)


    - the above can be negotiated, but you cannot force the issue.
    • Comms69
    • By Comms69 5th Jan 18, 9:49 AM
    • 1,797 Posts
    • 1,632 Thanks
    Comms69
    • #4
    • 5th Jan 18, 9:49 AM
    • #4
    • 5th Jan 18, 9:49 AM
    Not a fixed term, btw. There's no end date at the moment...

    From looking online it seems I can only try to negotiate to try to get an end date inbetween the months, I can't just give lots of advance notice and end it in the middle of the month? Hm.
    Originally posted by Lysimache
    yep, correct.
    • saajan_12
    • By saajan_12 5th Jan 18, 3:59 PM
    • 1,038 Posts
    • 694 Thanks
    saajan_12
    • #5
    • 5th Jan 18, 3:59 PM
    • #5
    • 5th Jan 18, 3:59 PM
    I had an annual AST which rolled over into a periodic tenancy last September. There wasn't any new contract, it just rolled over and continued merrily along.

    Rental period is 13th of each month to 12th of next month; paid monthly.

    I understand I can give 4 weeks notice - that would be 28 days.. you can give one rental period notice ie a block 13th -> 12thto move out before e.g. 13th Feb-
    no, 12th feb.. 13th would be the first of a new period, meaning you're liable for an extra period rent.
    . What if I want to move out not on 13th Feb or 13th March, but say e.g. 1st March instead? - you can ask the LL and you can both mutually CHOOSE to terminate the tenancy on a particular day.
    However the LL doesn't have to agree.


    Can I just give notice now that I wish to terminate the contract but on the 1st March? - noOr will I have to terminate/pay up to 13th March? - that's the starting point, yes. From there you can try to negotiate something with the LL. I understand rolling over means that any terms about giving notice in the original contract are irrelevant. No. Terms such as the method for serving valid notice, address carry on. Also are you on a CPT or SPT? If the contract mentioned what happens AFTER the fixed term, then you're likely on a CPT and the terms in the original contract are exactly what matter.

    Ta for any advice!
    Originally posted by Lysimache
    Check if you're on a CPT - ie if the original contract outlines the terms of a periodic tenancy after the fixed term, then the notice is as per those terms.

    Otherwise, you must give 1 full tenancy period notice to terminate if on a SPT. So serve notice by the 13th of a month and vacate by the 12th of the next month.

    To alter this, you may negotiate with the LL and mutually surrender IF they agree. Both parties can dictate whatever terms (e.g. extra rent/fees)
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