Weekly rental

Calleja

Hi,

I was on periodic tenancy, due on the 23rd each month. Made an agreement with my landlord that from 23rd of this month, I would move to weekly lets as I am due to move out soon anyway.

They have advised that once we move onto weekly lets, a week notice period applies to both me and them. Whilst originally this wasn't going to be an issue, I have reason to believe they want me out asap and whereas I was hoping to have at least two weeks on weekly lets. I know if I was on a monthly periodic tenancy they would need to give 2 months notice to me - how does this change if we are now weekly?

Thanks again!

dimbo61

So you told your landlord you wanted to move onto weekly rental " as I am due to move out soon anyway"
Did you request this in writing ?
What does the tenancy agreement say ?
Most tenancy agreements are for 6 months or longer and then go onto periodic tenancy where you have to give one month and the Landlord has to give you two.
Who is "They" ? the landlord?

lighting_up_the_chalice

Calleja wrote: »

Hi,

I was on periodic tenancy, due on the 23rd each month. Made an agreement with my landlord that from 23rd of this month, I would move to weekly lets as I am due to move out soon anyway.

They have advised that once we move onto weekly lets, a week notice period applies to both me and them. Whilst originally this wasn't going to be an issue, I have reason to believe they want me out asap and whereas I was hoping to have at least two weeks on weekly lets. I know if I was on a monthly periodic tenancy they would need to give 2 months notice to me - how does this change if we are now weekly?

Thanks again!

It doesn't. You still have to give at least 1 months notice if you are leaving, the landlord still has to give at least 2 months notice that he intends to seek possession. If you sign a new tenancy agreement changing the rental terms to weekly, that has an initial fixed term of at least 6 months unless you can both agree a shorter term. If you don't sign a new tenancy agreement, the rental terms remain unchanged at monthly terms, your LL is just choosing to allow you to pay it weekly.

G_M

Have you discussed rent? 4 weeks rent is not the same as 1 month?

Assuming you reach an agreement tomove to a weekly tenancy, I believe there are two possible ways the agent/LL is wrong:

1) You will create a new tenancy. Since it has a start date, a period (weekly) but no end date, it will be a Contractual Periodic tenancy.

A landlord (agent) can not start the process of eviction within the first 6 months of a new tenancy.

2) Alternatively, if we treat this weekly tenancy as a continuation of the preceeding monthly one, albeit on different terms/periods, then the LL/agent must still give two monthsnotice:

Housing Act S21 (4) (a):

Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied—
(a)that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice [F4in writing] stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section;

(my bold)

Calleja

Thanks all.

And thanks G_M - who's advice I see a lot on here and trust! You often give it bluntly and state it exactly how it is, but thats fine with me!

I had agreed rent which has been done fairly on a daily rate basis, rather than 4 week basis.

If I understand correctly from the posts above, the landlord can't really kick me out with a weeks notice (although the fact I should also give 1 months notice has been noticed).

This is fair enough and I only intend to use this information if they become unreasonable. I intend to be fully flexible and try and meet in the middle and suit all needs.

Feel free to correct me if I'm wrong!

Thanks again!