confused! rental agreement and giving notice

mand1976

hello

im sorry if this is a question thats been asked before:o iv read so much now, my heads swimming!

i have rented a property since dec 07, with two six month contracts that have obviously now ceased dec 08, no other contract was drawn up........ i want to vacate the property and am in the process of buying my own house. do I need to give notice if i dont have a contract? and how long do i have to give, is it a full month, 30days or 4 weeks?

cheers guys:j

olibearhorse

Hi - you are now what's called a 'periodic tenant' as you have 'rolled over' on your current contract. The terms of your original contract apply so check to see what the notice period was. If it doesn't state, then the general rule of thumb is to give notice on the basis of how you pay i.e monthly, one months notice etc. HOpe that helps?

clutton_2

strictly speaking you need to give one calendar months notice ending on the same day as the end of the fixed period which is in your original agreement

olibearhorse

this is only if you are within your 'fixed term' if you are 'periodic', then you go by the terms of the contract which could be anything from giving one month or like we do, 2 months 'to vacate at the end of a calendar month'. Depends on the contract.

mand1976

thanks, iv just dug it out, it says one month, doesnt state when that month has to start........ merely, one months notice, so im guessing i can give that one month anytime, is that correct?

olibearhorse

Yes, just give one months in writing and 'Bob's your uncle'!

Planner

olibearhorse wrote: »

this is only if you are within your 'fixed term' if you are 'periodic', then you go by the terms of the contract which could be anything from giving one month or like we do, 2 months 'to vacate at the end of a calendar month'. Depends on the contract.

Think you are confused.

Theres no notice requirements to end the fixed term, regardless of what the contract says.

If a tenant wants to leave during the periodic, then as you have stated the notice period is equivalent to that of a rent payment period regardless of what the contract says. So if you pay rent monthly and the contract says you have to give two months, the notice period in the contract is unenforceable and only one month is required. This notice must always end on the same date in the month that the fix term ended.

So olibearhorse, if your contracts say two months notice is required to end at the end of a calander month, you need to get them changed (unless of course rent is also payable only every two months).

olibearhorse

Planner wrote: »

Think you are confused.

Theres no notice requirements to end the fixed term, regardless of what the contract says.

If a tenant wants to leave during the periodic, then as you have stated the notice period is equivalent to that of a rent payment period regardless of what the contract says. So if you pay rent monthly and the contract says you have to give two months, the notice period in the contract is unenforceable and only one month is required. This notice must always end on the same date in the month that the fix term ended.

So olibearhorse, if your contracts say two months notice is required to end at the end of a calander month, you need to get them changed (unless of course rent is also payable only every two months).

If you become a 'period tenant', you do not have to give notice to end on the original fixed term unless stated. Our contracts are drawn up by solicitors and we are advised by our solicitors on all the 120 properties we own. Perhaps I have not made myself clear to which I apologise. Nevertheless, she is bound by the terms of her contract despite not being within a fixed term but without knowing what is actually stated, it is very difficult to accurately advise.

mand1976

olibearhorse wrote: »

If you become a 'period tenant', you do not have to give notice to end on the original fixed term unless stated. Our contracts are drawn up by solicitors and we are advised by our solicitors on all the 120 properties we own. Perhaps I have not made myself clear to which I apologise. Nevertheless, she is bound by the terms of her contract despite not being within a fixed term but without knowing what is actually stated, it is very difficult to accurately advise.

thanks for your help peeps, i read and re read the contract, which was drawn up by a LA, its just says one month notice to end the contract, doesnt say anything about going on to a rolling or period contract after that, although i take this on board as the done thing......... so im just going to give my months notice tomorrow and see what happens and suggest working the rent out pro rata, wont be a difficult calculation!

tbs624

olibearhorse wrote: »

If you become a 'period tenant', you do not have to give notice to end on the original fixed term unless stated....

olibearhorse you seem to have got yourself in a muddle, or perhaps it is merely that when you put it into words on here it appears muddled.A tenancy does not become periodic until *after* the expiry of the original Fixed Term - it occurs under statute law if the T does not leave and if neither party wishes to sign up for a new FT.

olibearhorse wrote: »

Our contracts are drawn up by solicitors and we are advised by our solicitors on all the 120 properties we own. Perhaps I have not made myself clear to which I apologise.

It's perhaps best that do you use a solicitor.

olibearhorse wrote: »

Nevertheless, she is bound by the terms of her contract despite not being within a fixed term but without knowing what is actually stated, it is very difficult to accurately advise.

Nobody "advises" on here - it's suggestion and viewpoint and posters should always seek their own clarification locally.

The terms of a statutory periodic contract remain the same as those for the original fixed term , save for determination. It is two months notice from the LL and one month from the T , assuming that the rent is paid monthly. The periodic contract commences on the day after the expiry of the FT thus- if, for example, original FT expires 12th Jan, periodic runs 13th- 12th of each month and one month has to be timed to expire at the 12th.

The rules around notice periods are more complex in Scotland becuase of the doctrine of tacit relocation, but we're assuming that the OP is in Eng/Wales.

Planner

olibearhorse wrote: »

If you become a 'period tenant', you do not have to give notice to end on the original fixed term unless stated. Our contracts are drawn up by solicitors and we are advised by our solicitors on all the 120 properties we own. Perhaps I have not made myself clear to which I apologise. Nevertheless, she is bound by the terms of her contract despite not being within a fixed term but without knowing what is actually stated, it is very difficult to accurately advise.

Like tbs624

If you become a 'period tenant', you do not have to give notice to end on the original fixed term unless stated. ??????

Your either a Fixed Term Tenant or your a Periodic Tenant. Im not sure why you think someone can be a periodic tenant in the fixed term?