No notice period in tenancy agreement

jerczu

We just bought our house and want to leave our rented accomodation. What is the notice period if the contract/tenancy agreement don't mention it?

Our understanding is that the right answer is "any". Based on the "Notice that you must leave" booklet on GOV.UK pg12-13

"There is no provision in existing legislation requiring a
tenant to give notice to their landlord should they wish to
end the tenancy. A tenant's obligation to give notice, the
amount of notice they need to give and the way in which
this notice is served, is a matter for the landlord and the
tenant to agree between them at the outset of the
tenancy and such information should be included in a
written tenancy agreement."

and

"If the tenant is a periodic tenant, any notice they must
give, its length and how it should be served, will be at the
discretion of the landlord. Any notice given by the tenant
should reasonably bring the tenancy to an end at the end
of a complete period of the tenancy (for example, at the
end of a month, if the tenancy is by the month) although
this requirement should be stated clearly in the tenancy
agreement. If the tenancy agreement is silent on any of the
above issues, this is likely to be regarded as the tenant
having been given no obligation to provide notice."

We are past the Fixed term good 3 years on - Most of the websites says 4 weeks but nothing actually seem to regulate that period and the booklet provides states that if the tenancy agreement is silent on these issues it is to be regarded there is no obligation to provide any notice, meaning we can leave whenever we like as long as it is reasonable - who decides what is reasonable? - we have given 2 weeks notice.

Booklet mentioned - https://www.gov.uk/government/upload...894/138304.pdf

Most of the websites say a month but the government booklet on GOV.UK seem to state something completely different. We argue the fact that our tenancy agreement was silent on the notice period both in fixed and in periodic term which is statutory and therefore the "no obligation" part would apply meaning we can give any form of notice and leave whenever.

We aren't trying to con anyone but we don't want to pay both rent and mortgage so if we can avoid it that's great. If the advice given by this booklet is wrong which I think is highly unlikely then we will pay whatever is needed.

jayss

After the fixed period it's 1 month, from your rent due date. If you're in England/wales.

jamie11

You have the same answer to the same question on LLZ as well.

[Deleted User]

That booklet is from 2011, according to the gov.uk website you need to provide one rental period:

You can end a periodic tenancy by giving notice at the end of a rent period. The period varies according to the rent term. For example, if you pay rent monthly, you’ll need to give a month’s notice.

edit: oh wait, this article links to that booklet. huh? That's... contradictory! I have no idea then. Disregard.

jerczu

citricsquid wrote: »

That booklet is from 2011, according to the gov.uk website you need to provide one rental period:



edit: oh wait, this article links to that booklet. huh? That's... contradictory! I have no idea then. Disregard.

My thoughts exactly it makes absolutely no sense on one page it says 1 month then links you to that booklet for more information and this one says - leave any time.

jerczu

jamie11 wrote: »

You have the same answer to the same question on LLZ as well.

Is that the right answer though - I am confused to be honest.

Yorkie1

See here:
http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6

00ec25

jerczu wrote: »

Is that the right answer though - I am confused to be honest.

we'll say it again then - In England and Wales (not Scotland or N Ireland) after the end of the fixed period you automatically enter a Statutory Periodic Tenancy - the clue is in the title "statutory" as statute law takes precedence over contract law.

Under statute the tenant is required to give one full rental period's notice aligned with the original rental periods set out in the tenancy agreement. In plain English that means if you rent on a monthly basis you must give one months notice timed to end on the end date of the rental period eg: say your rental period is 3rd - 2nd then if you give notice on 4th Dec you are too late to leave in January and your notice would expire on Feb 2nd Feb not Jan 2nd. You cannot gave 31 days notice timed from any old day, ie you cannot give a calendar months notice, it must and can only end on the rental period aligned date

NB. your rental period start date may NOT be the same as your rent due date

List your TA dates and we can give you a definitive answer for your own circumstances

G_M

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?)