Leaving rental property......notice

franklee

To see if it's contractual periodic tenancy the OP needs to look at the terms where the tenancy was specified e.g. 12 months and thereafter month to month or the like. If it was just specified as 12 months with nothing about continuing then it's become a statutory periodic tenancy. OP I'd suggest you look at the terms near the start of the tenancy agreement where it specified the length of the initial term etc.

If it's a statutory periodic tenancy then the term you quoted from Section E - Special Clauses about serving notices does NOT APPLY. See below in particular that last paragraph I've put in bold. It says except that any term ... note the not! So the special clause is either redundant, intended as a break clause, or intended for use if you have a contractual periodic tenancy.

http://www.legislation.gov.uk/ukpga/1988/50/section/5

Extract:

"(2) If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of—

(a) an order of the court, or

(b) a surrender or other action on the part of the tenant,

then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.

(3) The periodic tenancy referred to in subsection (2) above is one—

(a) taking effect in possession immediately on the coming to an end of the fixed term tenancy;

(b) deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;

(c) under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;

(d) under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and

(e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy."