Rental notice period

AlphaGrills

Hi,

We are purchasing our first house on the 30th and just handed our notice in stating that we are giving 1 month. Our agency just rang us and told us we must give them 2 months but if they get they get tenants in time then they may let us off the 2nd month. They said that although we have been on a rolling contract since our 6 months ran out about 15 months ago, our contact says 2 months notice at any point in the tenancy.

I thought that we would revert to a statutory periodic ast with a 1 period notice.

What is correct and where can I find the legal stuff to back me up when I go back to them?

booksurr

it depends...
if your tenancy agreement expressly states that you the tenant must give 2 months notice after the END of the FIXED period then from the outset you agreed that as the term of the periodic tenancy arising after the end of the fixed period tenancy. As such you agreed to continue under a Contractual Periodic Tenancy where the notice period is defined by contract - only in the absence of that will a SPT arise and 1 month be valid

post the exact wording of your contract if you want clarification...

Pixie5740

Where is the property? Scotland, England, Wales, Northern Ireland? It makes a difference.


What date did your tenancy start? Do you pay your rent monthly?

AlphaGrills

Property is in England, I am unsure of the date.
We pay monthly.

jamie11

Statute overrides any conditions written into a tenancy agreement, you are correct to say the notice period is one month from the tenant, this must include a complete tenancy period.

G_M

booksurr wrote: »

post the exact wording of your contract if you want clarification...

and...........................................?

stator

jamie11 wrote: »

Statute overrides any conditions written into a tenancy agreement, you are correct to say the notice period is one month from the tenant, this must include a complete tenancy period.

Last time I read the statute the Statutory Periodic Tenancy only comes into effect if an Assured Shorthold Tenancy expires without any clause that creates a Contractual Periodic Tenancy. If you have a CPT then the SPT doesn't apply at all.

So if your tenancy says "At the expiration of this agreement a periodic tenancy will be created .... requiring two months notice..." then you would be bound by two months notice.

However if it doesn't contain a clause saying what happens at the end of the AST period, then it becomes a SPT and the notice period is one month (in most cases), regardless of what the tenancy agreement says the notice period is.

booksurr

jamie11 wrote: »

Statute overrides any conditions written into a tenancy agreement, you are correct to say the notice period is one month from the tenant, this must include a complete tenancy period.

no
read the reply from stator

G_M

jamie11 wrote: »

RELEVANT Statute overrides any conditions written into a tenancy agreement,.

If the criteria for the creation of a SPT exist, as defined by the Housing Act 1988 , then yes, a SPT arises. In that case notice by the tenant is governed (surprisingly, not by the Housing Act 1988) by Common Law, clarified in Laine v Cadwallader.


So when does a SPT arise?

Housing Act 1988 S5:

(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.

So if 'another tenancy' is created at the end of the fixed term eg

* a new fixed term or
* a contractually agreed periodic tenancy

then a Statutory Periodic Tenancy does not arise.

AlphaGrills

Looks like we are screwed.

Agreement says :
2.5.3 the tenant may bring the tenancy to an end at, or at any time after, the expiry of the fixed term at any time after 6 months from the start of the tenancy agreement by giving to the landlord at least two month's written notice staying that the tenant wishes to vacate the property. A letter will suffice to implement this sub-clause.
2.6.1 if the tenant intends to vacate at the end of the fixed term, or at any layer date, he agrees to give the landlord at least two periods prior notice in writing.

But the extra kick in the teeth is :
2.6.2 while the tenancy is periodic the two month's written notice must expire the day before a rent due date.

And the problem is we handed our notice in today, and today is rent day so it looks like our two months begins on the 14th of February and despite us leaving on 30th January, we will be paying until 14th April.

jjlandlord

Could you quote how the tenancy is defined? (e.g. "for a term a 6 months", or "for a term of 6 months continuing...")

If the tenancy is just defined as being for a fixed term then the clauses above no longer apply.