Assured shorthold ten. ending and going onto statutory periodic tenancy for 1 month?

abkb

We are currently on a 6 month assured shorthold tenancy at our current house, which terminates on 29/02/12 (i.e 11 days time). We do want to vacate the property but as we have not currently found a house in the area we need to move to, we need to stay here for another month (i.e until 30/03/12).

What I am asking is, I am under the impression that seeing as we will not vacate the property on 29/02/12 we will automatically go onto a statutory periodic tenancy. So based on this, do I need to provide my letting agent (reeds rains) with a letter identifying that we wish to terminate our statutory periodic tenancy (even though we are not technically on one yet)? If so, am I right in thinking that I need to send this letter ASAP, as it needs to get to the letting agent by 29/02/12 (to be one months notice)?

Just to add: our rent comes out on the 1st of each month, if that makes any difference.

Any help would be much appreciated!

silvercar

If you stay one day after the fixed term you are automatically on a periodic. You then do need to give a month's notice to end the tenancy as you describe.

abkb

Thankyou, just one more thing, would this be ok for the letter:

We became tenants at [property] on ..., with our sixmonth Assured Shorthold Tenancy agreement terminating on... We wish to stay at the property for an additionalcalendar month (therefore going onto a Statutory Periodic Tenancy for onecalendar month) until....

This letter provides our one month’s notice to terminate our StatutoryPeriodic Tenancy for the above property, which we will vacate on...

Yours sincerely
..............................
Thanks for your help!

Werdnal

Once your tenancy becomes periodic, you need to give 1 month's notice. You can advise them that you are planning to go, but how sure are you that the next property will be ready on the date you want to move?

Although you obviously want to make sure you are not tied to 2 properties for an additional month, by missing the date you need to issue notice, I would rather wait until you know you have somewhere to go, otherwise you may have a gap!

It won't hurt to tell them that you are planning to find somewhere, but I would wait to give formal notice until you are sure you have somewhere else ready.

silvercar

Technically the AST doesn't terminate, so I would word it as the agreement starting on x.x.xx.

We understand that from x.2.12 the tenancy becomes a periodic tenancy and this letter gives you notice that we intend to leave by x.3.12.

TBH I'm surprised the letting agent hasn't been in touch to find out your plans and to possibly sign you up for another 6 months.

G_M

abkb wrote: »

We are currently on a 6 month assured shorthold tenancy at our current house, which terminates on 29/02/12 (i.e 11 days time). We do want to vacate the property but as we have not currently found a house in the area we need to move to, we need to stay here for another month (i.e until 30/03/12).

What I am asking is, I am under the impression that seeing as we will not vacate the property on 29/02/12 we will automatically go onto a statutory periodic tenancy. So based on this, do I need to provide my letting agent (reeds rains) with a letter identifying that we wish to terminate our statutory periodic tenancy (even though we are not technically on one yet)? If so, am I right in thinking that I need to send this letter ASAP, as it needs to get to the letting agent by 29/02/12 (to be one months notice)?

Just to add: our rent comes out on the 1st of each month, if that makes any difference.

Any help would be much appreciated!

I believe you cannot give notice to end a periodic tenancy until that periodic tenancy arises. This will happen on 1/3/12.

Since you have to give a full rental period's notice, and your rental periods will be from 1st month to last of month, you must give notice on 1st March in order to leave on 31st March.

It has been argued that you should give Notice on/before the last day of a rental period (29th Feb), but since your Periodic tenancy does not commence till 1st March you could not do this, so you would have to give notice on/before 31st March to take effect on 30th April.

However this is debatable (explaining why lawyers agt to be so rich!).

Perhaps the solution is to ignore the law, and have a friendly chat with the landlord. There is nothing to stop you both coming to an amicable arrangement (which you should confirm in writing).

sitesafe

I'm interested in this too. And was wondering that, if your AST ends on 29 but you have to wait until you fall into the Periodic Tenancy before you can give a month's notice on it (assuming this then means you can't write the notice in advance of your AST ending), then you would have to give notice on the 1st so surely that would change the calendar month date and it wouldn't be the 31 March but the 1 April that you plan to end the tenancy?

Anyway I think GM answered my question - just curious that's all!

sitesafe

sitesafe wrote: »

I'm interested in this too. And was wondering that, if your AST ends on 29 but you have to wait until you fall into the Periodic Tenancy before you can give a month's notice on it (assuming this then means you can't write the notice in advance of your AST ending), then you would have to give notice on the 1st so surely that would change the calendar month date and it wouldn't be the 31 March but the 1 April that you plan to end the tenancy?

Anyway I think GM answered my question - just curious that's all!

Im confusing myself now!

abkb

Werdnal wrote: »

Once your tenancy becomes periodic, you need to give 1 month's notice. You can advise them that you are planning to go, but how sure are you that the next property will be ready on the date you want to move?

Although you obviously want to make sure you are not tied to 2 properties for an additional month, by missing the date you need to issue notice, I would rather wait until you know you have somewhere to go, otherwise you may have a gap!

It won't hurt to tell them that you are planning to find somewhere, but I would wait to give formal notice until you are sure you have somewhere else ready.

Thankyou, we want to move at the end of March (And therefore give notice) because if we haven't found a house by then that we can move into, we will move back in with out parents if needs be. We considered doing this at the end of Feb (so when our tenancy ends and therefore not moving onto a statutory periodic tenancy) but we aren't able to do so for various reasons.

Am I right in thinking then that I cannot give notice to end our statutory periodic tenancy until we actually move onto one (i.e 1st March)? So we will have to give notice on 1st March identifying that we wish to end our statutory periodic tenancy on 31/03/12?

Many thanks for your help.

abkb

Sorry, just to clarify:

If I give notice on 1st March to end our statutory periodic tenancy, does this mean that I can leave on 31/03/12?

abkb

silvercar wrote: »

Technically the AST doesn't terminate, so I would word it as the agreement starting on x.x.xx.

We understand that from x.2.12 the tenancy becomes a periodic tenancy and this letter gives you notice that we intend to leave by x.3.12.

TBH I'm surprised the letting agent hasn't been in touch to find out your plans and to possibly sign you up for another 6 months.

Thankyou.

The letting agent have been in touch, and we've explained that we will either be vacating the property on 29/02/12, or wish to stay an extra month until 31/03/12.

Our landlord is very nice, we have a very good relationship with him. Should we contact him and explain the situation, or should we just put all the letters etc through the letting agent?