Tenancy End Dates

Patchwork_Girl

Ok, I rang Shelter and they confirmed what I have been told here. That leaving date should be 17th Jan and that the contract does not override this. I was referred again (as above) to Section 5 (3a) of the Housing Act and I have read the relevant section.

I'm still feeling a bit worried about these clauses (and that we might end up getting charged for the full month of Jan):

'the "Rent Due Date" will be the 1st Day of each month during the Term of this agreement.'

It specifies elsewhere in the agreement that: 'The "Term" is to include any extension oor continuation of the fixed term or a Statutory or Contractual Periodic Tenancy.'

Patchwork_Girl wrote: »

"If the tenant intends to vacate at the end of the fixed term, or at any later date, he agrees to give the Landlord at least one month's prior notice in writing."

"While the tenancy is periodic the one month's written Notice must expire the day before a Rent Due Date."

My understanding, as advised here and by Shelter, is that these clauses do not apply. I think I'm just looking for reassurance that I am correct here!

I have rewritten the notice letter to confirm our leaving date as 17th Jan and will be sending this to the letting agents and a copy to our landlord's address. Let's see how that goes.

G_M

There is one word of caution, possibly critical. I apologise for getting 'legalistic' but it is necessary:

There is a difference between a Statutory Periodic Tenancy (SPT) and a Contractual Periodic Tenancy(CPT).

All the advice so far has been based on the assumption that your fixed term tenancy ended and a SPT arose in its place. As the name implies, this is a tenancy that is created by law (statute), in this case the Housing Act 1988.

This happens where no other agreement is in place but the tenant remains. So a fixed term ends, the tenant is not offered (or declines to sign) a new fixed term, so a SPT is created automatically to fill the legal gap.

HOWEVER, it is possible for the landlord and tenant to agree contractually to create a periodic tenancy. Thus a CPT is created, not a SPT.

This agreement most usually happens up-front in the original tenancy agreement (and may have happened here). So you need to re-read the tenancy agreement.

If the TA has a clause to the effect that when the fixed term ends the contract will continue on a periodic basis, until ended by xxxx, then it is likely that a CPT was created. And if that is the case, then it can only be ended by complying with the terms of the contract.

Patchwork_Girl

G_M - thank you, thank you, thank you for pointing this out! I think this might be the case here and I'm really glad you said something before I went in "all guns blazing" next week!

We were offered a new fixed term contract to sign back in August (to take effect in October) and requested instead to go onto a periodic tenancy - the agent asked the landlord and got back to us to say that this was agreed. This was all done verbally but perhaps we are now in a Contractual Periodic Tenancy. I will re-read the contract, again.

I'm a little annoyed about the incorrect information that I was given by the agents last Saturday (she said the 17th would be our leaving date) and really annoyed at myself for not immediately confirming this in writing.

G_M

Patchwork_Girl wrote: »

....

We were offered a new fixed term contract to sign back in August (to take effect in October) and requested instead to go onto a periodic tenancy - the agent asked the landlord and got back to us to say that this was agreed. This was all done verbally but perhaps we are now in a Contractual Periodic Tenancy. I will re-read the contract, again.

Yes, a contract can be verbal, but in a case like this it is unwise for either side to rely on a verbal contract (eg to establish a CPT).

The other side can deny the conversation took place.

Or can remember the words differently. The following dialogues demonstrate:

A)
LL : "Your Fixed Term ends on xx. Do you want a new FT?"
T : "No, thank you. I need more flexibility."
LL : "Ok. How about we create a periodic tenancy? With 2 months notice either side?"
T : "OK."

CTP created.


LL : "Your Fixed Term ends on xx. Do you want a new FT?"
T : "No, thank you. I need more flexibility."
LL : "Ok. How about we just let the tenancy go periodic?
T : "OK."

No contract created as both agreed to allow statute to create SPT.

So any verbal agreement is fraught with risk. Best just to deny it took place and relay on the wording that exists in the original Tenancy Agreement. If that creates a CPT to follow the fixed term, fine. it is unambiguous. If it does not, then a SPT ariose and again, it's unambiguous.

So check the TA and if required, quote it here.