Ending A Periodic Tenancy

kaskaskia18

Hi, I'm pretty sure I am correct here but looking for some verification!
We rent our property and initially signed a 6 month contract, which ended about 17 months ago. Since then we have signed nothing new and just carried on paying the rent as normal.
We are now moving into a new property and I gave my landlady written notice last week stating that we intend to end the tenancy on 31 January. Our rent is due on 1 of every month, so we have given 1 monthds notice.
Landlady is now saying "notice is usually 2 months". Can she do this?

Pixie5740

Did your original tenancy start on the 1st of whatever month you moved in?

How did you give notice in writing? Letter? Email?

It sounds like you have a Statutory Periodic Tenancy (assuming you're in England or Wales) meaning you give 1 rental period (1 month) notice and your landlady has to give 2.

kaskaskia18

We gave notice in writing, hand delivered a letter!
Yes, our original contract was from 1 of the month. Yes, we're in England.

Pixie5740

Then your LL is mistaken.

Loopy28

Does your tenancy agreement say anything about notice periods after the 6 months. When I rented in the past it stated after the 6 months that it was 1 month for me or 2 months if the landlord was giving notice to me.

1 month is the norm to be honest unless otherwise stated in the agreement.

pmlindyloo

Read this as regards ending a periodic tenancy and check your dates.

http://forums.moneysavingexpert.com/showpost.php?p=52421475

Does your original tenancy agreement say anything about your moving onto a periodic tenancy?

If there is no contractual agreement about how to end a periodic agreement then you only need to give one month's notice as per the link.

kaskaskia18

Our original tenancy agreement states nothing about notice at all.

jjlandlord

If your agreement does not state anything about notices then the actual type of periodic AST you have is not relevant:

You must give at least one month notice expiring on the last day of a tenancy period.
If that's what you have done then you're OK.

kaskaskia18

Thank you all.
I fear I have a battle on my hands - but if I know I am right then bring it on!
The house has been nothing but trouble since we moved in and I cannot wait to be shot of it, and the landlady too.

Kynthia

If your landlord doesn't accept your notice, just refer them to Shelters website where they can see the information on notice periods.

G_M

kaskaskia18 wrote: »

Landlady is now saying "notice is usually 2 months". Can she do this?

Of course she can do (or rather, say, this). But can she enforce it legally? No.



Saying 'usually' is a bit of a give-away......