Periodic Tenancy 2 month notice

carwynlloyd

Hello,

I'm currently on a Periodic Tenancy as my 12 month contract ran out a year ago, i would like to give notice but have been told i need to give 2 months notice (my original contract was 2 months notice)

I was always under the impression that a Periodic Tenancy was a month by month basis, but i have been told there is a clause in my contract that says i need to give 2 months notice.

Here is the problem, i can't a copy of my contract to check this, but even if it did say this in the contract, surely this is not valid as that contract was only for 12 months and i can be held to it anymore?

Any help will be appreciated!

Fire_Fox

Welcome to MSE! Use the search function as queries about the notice period for tenants comes up time and time again. To a large extent you are bound by the terms of the original AST which has transformed into a periodic tenancy not lapsed altogether. As you are still bound by the contract you are entitled to a copy of it, so request one in writing by recorded delivery.

teeni

Hi and welcome, when your tenancy agreement ran out, it became periodic and therefore you only have to give one months notice which expires on the last day of the tenancy period. irrespective of the terms stated in the contract. Make sure you get the date right . good luck

theartfullodger

Teeni is right:

Doesn't matter that your tenancy said you had to give 2 months notice, you have a statutory (Legal) right to give 1 month, but expiring on last date of rent period...

So, if today is 11th & your tenancy started 2nd of month & you always pay 2nd of month then the notice, if given today, would expire (earliest) 2nd March 2010....

However, if you want to give more notice, fine: Or, if you and the landlord can agree (in writing, don't trust the LL..) to any other date (eg next Monday 18th Jan..) then all well & good...

Cheers!

Lodger (Landlord since 2000)

carwynlloyd

Thanks for the replies.

My Rent date in the 28th so if i was to give notice today then then move out day could be Feb 28th?

My landlord seems to think that there is a clause in the original contract that carries over to the periodic tenancy...hmmm

I'm in the process of getting a copy of the contract.

teeni

No move out day would be the 27th the last day of the tenancy period, the 28th is the first day of the next month.

It really doesnt matter what the contract says you cant over ride statute. I regularly have this argument with landlords who when they finally get their own independant legal advice find out they are wrong.

Just make sure your notice is delivered to the landlord in writing by the 28th January and include the date you are vacating

franklee

carwynlloyd wrote: »

My landlord seems to think that there is a clause in the original contract that carries over to the periodic tenancy...hmmm

Point him to to Section 5 (3) (e) of the Housing Act 1988:

http://www.opsi.gov.uk/Acts/acts1988/ukpga_19880050_en_2

"(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."

So as determination means bringing to an end all terms remain the same except for those that bring the tenancy to and end. Therefore the two months notice as specified in the tenancy agreement do not carry over to the periodic tenancy.

carwynlloyd

Thank you for all the replies in the thread, i now have a copy of my contract, this is the clause my landlord is referring to:

59. Tenancy break Clause
This agreement may be terminated by either party giving to the other at least two months notice in writing to expire at any time after twelve months from the commencement date of this agreement as specified in the clause “Term” under the heading “Particulars” of this Agreement.

So this means i have to give 2 months?

or does this mean nothing?

Jowo_2

Housing law trumps the contract. The clause in your contract is unenforceable. All terms and condition of your existing contract continue, except for the notice period where housing law takes precedence for periodic tenancies which yours is.

There is a section on the Shelter website that explains the difference between ending a fixed term contract and a periodic contract.

carwynlloyd

thanks for that.

SHelter have told me that the clause can not be uphelp, but a solicitor friend just told me that all the clauses in the contract carry over to the periodic tenancy? is she wrong then

Jowo_2

carwynlloyd wrote: »

thanks for that.

SHelter have told me that the clause can not be uphelp, but a solicitor friend just told me that all the clauses in the contract carry over to the periodic tenancy? is she wrong then

seems she's wrong, according to the consensus of this forum or Shelter and we are all wrong instead...