Admin Fees for Renewing Tenancies

Vin2300

DVardysShadow wrote: »

After the 6 months, you go onto a 'statutory periodic' tenancy, with 2 months notice to you and 1 month notice to LL.

Do the above notice periods still apply even if the original AST we signed says we have to give two months notice to terminate a periodic tenancy? I have read elsewhere on the internet that the law overrides it, but my letting agent is saying otherwise.

Can anyone confirm? It would be particularly good if i could go back and quote them a bit of law (eg Housing Act 1988 Section x Clause y)

tbs624

Vin2300 wrote: »

Do the above notice periods still apply even if the original AST we signed says we have to give two months notice to terminate a periodic tenancy? I have read elsewhere on the internet that the law overrides it, but my letting agent is saying otherwise.

Can anyone confirm? It would be particularly good if i could go back and quote them a bit of law (eg Housing Act 1988 Section x Clause y)

Your LL/LA appears to be a muppet. When a tenancy becomes a Statutory Periodic (in E/Wales)all the terms of the preceeding AST apply *except* for those on "determination", how/when the contract can be brought to a close. Two months for a LL , one for a T ( where rent paid montly) No ifs, no buts.

Housing Act 1988, S5

(1)An assured tenancy cannot be brought to an end by the landlord except by obtaining an order of the court in accordance with the following provisions of this Chapter or Chapter II below or, in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power and, accordingly, the service by the landlord of a notice to quit shall be of no effect in relation to a periodic assured tenancy.

(2)If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of—

(a)an order of the court, or

(b)a surrender or other action on the part of the tenant,then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.

(3)The periodic tenancy referred to in subsection (2) above is one—

(a)taking effect in possession immediately on the coming to an end of the fixed term tenancy;

(b)deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;

(c)under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;

(d)under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and

(e)under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.

My own highlighting/bolding

The Protection from Eviction Act 1977 states that a T must give "not less than 4 weeks notice" and for a T paying monthly this means one month, because that =the "rental period". one of the cases to quote for rental periods is Laine & Mitchell v Cadwallader & Cadwallader [2001]

Note that the "rental period" for s Stat periodic tenancy runs from the day after the expiry of the original Fixed term, which may be different from the "rent due" date

Vin2300

Thanks for that. Great answer

I will now take great pleasure in emailing my response to the agent.