Periodic tenancy notice

timor_2

I am currently under SPT and want to serve notice to the managing EA of the property I am renting.

The original AST term is one year and expired last December. The rent is paid monthly. I received a new AST with a rent increase which I refused to sign while the EA is skipping repairs in my flat. The matter remained at that but I carried on paying my rent as per the contract.

I understand that under case law I can serve 1 month notice expiring a day before the new term starts.

e.g 13 Aug - 12 Sep, notice can be served to expire 12 Sep?

I would like some advice on the wording and if there is any caveat in terms of wording and serving the notice?

Thank you

G_M

No special wording as long as the meaning and dates are clear and unambiguous (ie don't say "I'm thinking of leaving...." or "If my new tenancy/purchase goes ahead, I will be leaving on...")

'Service' of notice is the date it is received not the date you send it. If using 1st class post it is deemed 'served' 2 postal days later. Don't use signed for post (registered) as it might not be accepted/signed for and won't be served.

If your SPT periods are 13th to 12th each month, to avoid any argument, serve by (ie on or before) 12th to expire the following 12th, which is a full months notice.

timor_2

Thank you.

To be on the safe side, I may serve it even earlier and allow expiry on the last day of the monthly term.

martindow

Also be sure that the rental term coincides with the payment date so that you give the correct notice. They are not always the same day.

timor_2

Yes the terms are coinciding in this case, which saves any confusion.

A quick question, what if the end of the month term is a Sunday ?

timor_2

The EA has been sloppy with several procedures and I wanted to be absolutely certain about my position.

While reading around I am finding that the SPT is not as straightforward and I want to avoid the EA disputing my notice.

Is there any wording in a contract that would suggest the case below?

G_M wrote:

Subsection (4) means that a SPT does not arise if a CPT replaces the fixed term.

https://forums.moneysavingexpert.com/discussion/5023915

(4)The periodic tenancy referred to in subsection (2) above shall not arise if, on the coming to an end of the fixed term tenancy, the tenant is entitled, by virtue of the grant of another tenancy, to possession of the same or substantially the same dwelling-house as was let to him under the fixed term tenancy

G_M

Since I cannot read the wording of your original tenancy agreeement, nor was I present during any discussions you may have had about the tenancy renewal, I cannot possibly comment on whether a Contractual Periodic Tenancy was created!

timor_2

G_M wrote: »

Since I cannot read the wording of your original tenancy agreeement, nor was I present during any discussions you may have had about the tenancy renewal, I cannot possibly comment on whether a Contractual Periodic Tenancy was created!

Ok, I will try to describe the facts and quote the wording from the AST,

The LA sent an email with a new contract before the end of term and asked if I accepted. I replied that the rent increase is not justifiable and repairs are not carried out, so I refused to accept or sign. There has been no verbal communication about the renewal with the LA, it's all in writing.

The LA replied they were awaiting LL feedback on this matter, I chased them up a few weeks after the term expired as I was worried. They never came back to me on the matter since (all in writing). In this manner I understand we are on SPT that commenced after the end of the fixed term. The LL had the opportunity to end the tenancy if they were not happy. By keeping quiet and receiving the rent as before, I believe they have accepted this probably due to indifference or delay.

A few weeks ago the LA made an "annual inspection visit", happy with the property state of course, he hinted that "we need to sign a contract". I had already made my decision, so too late.


To the contract now, it is a generic AST around 15 pages, I will only quote the bits that relate directly to the term and notices,

• Definitions: "Term or Tenancy means any extension or continuation of the contractual Tenancy or any statutory periodic tenancy arising after the expiry of the original Term"

• The Term: 12 months - rent payable £xxx from 13/12/20132 to 12/12/2013 per calendar month

• Individually negotiated clauses (note: six month break clause): The LL shall have the right to terminate this Agreement at any time by giving the T not less than two months Notice in writing provided that such Notice shall not expire any earlier than the date of expiry of the first six months

• The T shall have the right to terminate this Agreement at any time by giving the LL not less than two months Notice in writing provided that such Notice shall not expire any earlier than the date of expiry of the first six months

• Ending the Tenancy (this section refers only to the LL): If the tenant (i) is at least 14 days late in paying Rent or part of it......or (ii) has broken any term of this Agreement, or (iii) if any grounds set out in Schedule 2 of the Housing Act 1988 being grounds 2,8 ......then subject to any statutory provisions (for example the Housing Act (as amended)) then the LL may recover possession etc....

There are no other terms referring to notices except from the break clause, which I read as a break clause of the fixed term.

Thanks for reading, let me know of your thoughts.

G_M

There is nothing in the parts of the tenancy agreement you have quoted that would create a Contractual Periodic Tenancy at the end of the fixed term.

Since a new fixed term (at new rent) was offered, and refused, then the day after the original fixed term ended, a Statutory Periodic Tenancy arose.

timor_2

Thank you!

I calculated the last day as being Sunday while looking at the wrong month on my calendar, hence the question. For the sake of completeness, does the last day have to be a working day?

Sarahspangles

I've just given notice, and it doesn't have to be a working day. In fact the last day of the period is a Sunday, and the first is a Bank Holiday.....