Notice period on periodic tenancy

Kazzaroo

Hi, Need advice please,
I am currently on a periodic tenancy (signed a 6 month AST in March 2011),Rent is paid fortnightly (on HB) and LL knew about this and has accepted the rent for the past 2+ years in this way,we have somewhere else to go and have been accepted as tenants,our TA says the rent is due 23rd of month,we are 1 month ahead on rent and didnt pay a deposit (TA explicitly says so) so my questions are:

1.Do i have to give notice (seems to be confusion on other threads about if there is a legal requirement on T to do so)?

2.If i do have to give notice doesnt it have to be for a rental period ie 23rd to 22nd ? or is it 4 weeks notice because of the way the rent is paid ?

3.If i do have to give notice am i within my rights to withhold the keys until the end of the notice period even if i have moved all my belongings out ?

Thanks in advance

BitterAndTwisted

Of course you've got to give notice! This isn't the end of the fixed-term coming up, you're on a periodic tenancy. Your notice period can be whatever you and the landlord agree it can be, but for safety, in a periodic tenancy it should be one complete rental-period in writing as an absolute minimum.

You are entitled to retain the keys until the last day of your tenancy but reasonable people often negotiate something fair to both parties. Most expecially when there's something like a good reference at stake even if it's not the return of a deposit.

Kazzaroo

BitterAndTwisted wrote: »

] Most expecially when there's something like a good reference at stake even if it's not the return of a deposit.

We have been asking for a reference for weeks,LL said he wanted to see the property before giving the reference,we allowed this and he came round and viewed,he didnt say there were any problems and said he would get the reference done and emailed to me the same day...... that was a week and a half ago, i have asked several times (not over the top,simply asking when he will be sending the reference),everytime he has said that he will do it the same day but it hasnt happened,luckily our new LL has offered us our new property without seeing the reference,we made new LL aware that we might not be able to get a reference but have proof of rent being paid regularly, he seems to be picking and choosing which things he wants to do,we have bent over backwards to do what we can but feel its all one way traffic,he wants us to do everything he wants but wont do something simple that we ask for.

what is the correct notice period ?

BitterAndTwisted

I have already told you: one complete rental-period IN WRITING as an absolute minimum.

All this to-ing and fro-ing about the reference has nothing to do with your contractual obligations.

Kazzaroo

BitterAndTwisted wrote: »

I have already told you: one complete rental-period IN WRITING as an absolute minimum.

Ok,Can be be sent via signed/recorded delivery as the LL can be hit and miss and may claim he never received the notice if i physically give him the notice

BitterAndTwisted

No. Signed-for mail can be declined at the door or not collected from the sorting-office, and should that happen you will not have proof of its receipt if it's disputed later.

The usual advice is to send two copies by first-class post from two different post offices on the same day retaining proof-of-postage for both. Or you can give it to him by hand if you have a witness present if you can't ask him to sign to acknowledge that he's received it or he declines to do so.

Although under the circs your landlord is not going to be surprised by the notice as you've made it implicit that you're going by asking for the reference for your new place.

G_M

Read:

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)