Do I have a Contractual Periodic Tenacy?

UnsureTenant

My fixed term AST ends shortly, and I'm trying to figure out if I'll move into a contractual or statutory periodic tenancy after that. I've read a lot of threads on here which cover this, and the general consensus seems to be "usually" its a statutory periodic unless the AST specifically states that it will be contractual.

The wording in my tenancy agreement is:

The Landlord lets to the Tenant the Premises for a period of 12 months. The Tenancy shall start on and include (date) and shall end on and include (date+1 year), and thereafter month to month, but subject to the following break clause.

(dates removed by myself)

Is the text "and thereafter month to month" sufficient to make this a CPT after expiry of the fixed term?

The reason I'd like to know is that I am subject to a 2 month notice period in the agreement, and would like to find out whether this will still apply after the fixed term or whether it will be the statutory 1 month.


Thanks!

UnsureTenant

Sorry for the bump, just wondering if anyone can help with this?


Thanks!

theartfullodger

In my opinion no, it's not a contractural:

'phone Shelter 0808 800 4444 & see what they say.

The only definite answer you will ever get is if you give the 1-month (ending last or 1st day of period) notice, you leave then landlord sues you for unpaid rent the Judge will decide..

Cheers!

franklee

UnsureTenant wrote: »

Is the text "and thereafter month to month" sufficient to make this a CPT after expiry of the fixed term?

Normally I would say yes. however it's contradicted by
shall end on and include (date+1 year). If there is a contradiction it should go in your favour as the party who didn't provide the agreement.

G_M

Great! One yes and one no so far....

It could go either way in court, but my instinct is the intention of the wording was o create a contractual periodic tenancy after the end of the fixed term, and judges often look for the intention.

But as franklee says, they also tend o find in favour of the party who did not draw up the contract.

Sorry we cannot be more definative......

stator

I would assume it's a CPT unfortunately.

It's a crap contract though, you've got to wonder who draws up these things.

jjlandlord

The Tenancy shall start on and include (date) and shall end on and include (date+1 year), and thereafter month to month,

It is clear that the fixed term tenancy ends at the expiry of the term.

As such, I'm not sure that essentially saying "the tenancy ends and thereafter month to month" makes sense at all...

Honestly I cannot say what the intention was.

Smi1er

The Landlord lets to the Tenant the Premises for a period of 12 months. The Tenancy shall start on and include (date) and shall end on and include (date+1 year), and thereafter month to month, but subject to the following break clause.

Well that's wrong to start with.


A 12 month tenancy agreement starts on (date) and ends on (date + 1 year - 1 day)

UnsureTenant

Smi1er wrote: »

Well that's wrong to start with.


A 12 month tenancy agreement starts on (date) and ends on (date + 1 year - 1 day)

Yes, it does indeed say date + 1 year - 1 day, I was trying to keep it simple!


Thanks everyone for the replies, much appreciated.