Rent Notice - Statuatory Rolling Contract?

buzz84

Hi folks I'm hoping someone can kindly help offer some advice about this please.

I currently submitted my notice on my property after realising the 6 month tenancy agreement was up. Prior to this I was told I had to give notice on the 3rd of each month, however I submitted a request as to what happens with my contract following the 6 months as the estate agents I go through didn't offer any renewal contract, not one inspection etc. So as such I gave my notice around the 12th of March. I was then told I have to pay one more months rent on the 3rd April then it will all be concluded however there is nothing in my contract to say that the agreement continues past the 3rd of March.

I received the following email comments which have confused me as I havn't signed anything other than the contract which does not state that the agreement turns into a rolling contract..

"By the signing the tenancy you automatically agreed to a rolling month contract as it is a statutory legal right of both parties (landlord & tenant) and as such is not contained within the tenancy agreement.


As far as my office getting in touch with you, EMPLOYEE emailed you on 10 January 2012 to advise that you have to give us notice on the 3rd of the month."

The contact the employee made was a response to a question I asked them about when I can give my notice - I had no intention of submitting it at the time - I thought this may poke them into trying to arrange a new agreement as the end of contract was so soon.

So am I liable to pay next months rent even though I havn't signed anything to say I will be staying in the property following the end of March?

Hoping someone has a little insight into this pleeeease :beer:

princeofpounds

If you have an AST in England/Wales, and your fixed term has expired, then you are on a statutory periodic contract. You need to give notice at least one month before, to coincide with a rental period.

I.e. If your rental periods run from the 7th of the month, you would need to give notice on or before the 6th of June to leave on the 6th July. You do not have to give notice on a specific day, only before a specific day.

If your fixed term has not expired, you can leave on the last day of your fixed term with no notice, although it is polite to give it.

Your description is confused. When did your tenancy start? When did the fixed term end? When did you give notice and when did you want to leave?

Werdnal

If your fixed term has already ended, you are automatically on a Statutory Periodic Tenancy. The statutory notice for this is 1 month, to co-incide with the rental period in your original contract.

So, if your rent period starts on the 3rd of the month, and as you state, you have given notice on 12 March, you have missed the deadline for giving 1 month notice to leave before 3rd April's monthly rent is due. You would have to give notice on (or before) 3rd March to leave by 2nd April.

The current notice you have given them from 12th March, actually means you are liable to rent up until 2nd May! So the agent is correct.

There is absolutely no need to ever renew the contract after the fixed term expires. You legally remain on an SPT "ad-infinitum" until you or the LL give notice. Prompting the agent to give you a new contract was unnecessary and all the existing terms and conditions of your original tenancy agreement still remain binding on you and the LL, other than the notice requirements - as you have already discovered!

TBH, if you had a written email stating 3rd of the month for notice, why did you think 12th was OK?

buzz84

Thank you for the replies. My agreements is an 'Initial Term certain of six months from 3 September 2011".

There is no other information that this within the contract.

Should the fact that is turns into a 'statutory periodic contract' not be noted within my contract? I assumed that as my tenancy has finished and I have signed nothing to continue my agreement (or been approached with any information or request to) that I could leave on the 3rd April

Werdnal

buzz84 wrote: »

Thank you for the replies. My agreements is an 'Initial Term certain of six months from 3 September 2011".

There is no other information that this within the contract.

Should the fact that is turns into a 'statutory periodic contract' not be noted within my contract? I assumed that as my tenancy has finished and I have signed nothing to continue my agreement (or been approached with any information or request to) that I could leave on the 3rd April

Perhaps in hindsight the agent should have included reference to the SPT entitlement, but just sums up how lax some agents are, although they do not need to tell you as the SPT automatically arises. You have no need to move out just because the fixed term ends. I have let a property for 12 years, and all my tenants get an initial 6 month term, then go onto an SPT. One tenant stayed for nearly 5 years never having signed another agreement.

Do you want to move or did you just give notice because you thought the agreement has expired so you had no choice? If you want to stay, you could approach the LL/LA to see if you could rescind your notice. However, if they have already started marketing the property again expecting you to be gone, then the LL may have incurred costs for this.

jjlandlord

buzz84 wrote: »

Should the fact that is turns into a 'statutory periodic contract' not be noted within my contract?

It is statutory, so no need.
Note that if there was no tenancy at all after the expiry of your fixed term tenancy you would have had to leave no later than 2nd March, or be trespassing...

Now, unless your landlord agrees otherwise, you must give at least a full tenancy period notice (assuming rent is payable monthly) to expire on the 2nd of the month.

buzz84

No I intended to leave but didn't realise I had to give my notice on the 3rd as the contract had ended and I heard nothing from the agent prior to this regarding my contract so assumed it was up. This is the first I've heard about the SPT

I have been doing viewing for the agency as a goodwill gesture though so hoping if someone comes in quickly I could possibly receive a refund from the moment they move in?

Thank you again for the insight.

*Beki*

The agency that I had was very lax on notifying people of the option of continuing to rent with a SPT- it wasn't something that I was aware of when I took our current property, perhaps I should have researched it so maybe it was my fault, but you'd think it's part of the LA job...When our initial 6month contract ran out the agency contacted us saying we could renew our contract for another 12months at a cost of £85, no mention of the SPT, so we assumed in order to stay we needed to do this. Forked out the £85 for them merely to photocopy the original contract, and then later on discovered the SPT which would have made it much easier moving on from the property, being able to give only 1months notice instead of having to wait until the end of the fixed term! Ah well, you live and learn!

G_M

buzz84 wrote: »

Thank you for the replies. My agreements is an 'Initial Term certain of six months from 3 September 2011".

There is no other information that this within the contract.

Should the fact that is turns into a 'statutory periodic contract' not be noted within my contract? I assumed that as my tenancy has finished and I have signed nothing to continue my agreement (or been approached with any information or request to) that I could leave on the 3rd April

So your fixed term expired on 2nd March.

You now have a statutory (monthly) Periodic Tenancy.

Your rental periods run from 3rd of each month to 2nd of the following month.

You have to give a full rental period notice - ie give notice on or before the 2nd to leave the following 2nd.

princeofpounds

I have been doing viewing for the agency as a goodwill gesture though so hoping if someone comes in quickly I could possibly receive a refund from the moment they move in?

If another tenant moves into the property then the law assumes that the landlord, in letting it out, is acting in a manner which is incompatible with the continuation of your tenancy.

Or in simple terms, they cannot charge two sets of tenants and you should not be liable for rent from that point.

HOWEVER, rent is not a divisible liability. If you stay one day of a period, you must pay for the whole period (usually a month). You can't get a refund for 26 out of 30 days for example, at least under law, you can always ask for it on a negotiated basis.

So actually making much of a saving on this is unlikely given that the whole transition is likely to take place in a single period.