Length of notices for tenants

Rollinghills

Minimum notice will be equal to
(c)in any other case, a period equal to the period of the tenancy.

What defines the period of tenancy? We pay rent monthly but if we have a 2 month notice period can I say tenancy is bi-monthly?

After the tenancy went periodic we did sign a simple form saying that it is now periodic and both sides have to give 2 months notice to terminate.

G_M

Rollinghills wrote: »

So wondering if I can tell the landlord that his notice is not valid, take us to ourt if you don't like it kind of thing. That could be mre hassle though, I don't know

You can, of course, tell him this, or anything else you wish.

He may, or may not believe you. He may or may not take you to court.

But it is highly unlkely a court would rule a S13 invalidly served just because the tenancy agreement specified that S21 Notices must be served by recorded delivery.

If the LL can show he served the S13 (and there is plenty of legal precedent on how this can be done), the S13 will be accepted.

Rollinghills

G_M wrote: »

Read the link provided!

What is the exact wording i the original contract regarding the end of the fixed term?

I have read them and they are very useful. I don't think we have much chance here, maybe tribunal is the way to go...

In the original contract is standard. The last page is a Break clause that says

It is hereby agreed that the tenants ahve the right to terminate this agreement by giving two months written notice of their intention to do so after the first six months of the tenancy and on a rent due date being the 29th of each month. Notice can be given by hand or by registered post to the landlord.

It says exactly the same thing for the landlord.

Rollinghills

jjlandlord wrote: »

You are running out of time, I think...

When did you fixed term tenancy start, what was the term?

Need to send it off tomorrow, tenancy period starts on 29th. The tenancy started in 2010, we've been on periodic for a couple of years.

G_M

* your tenancy is periodic, so Break Clause is irrelvant

* you have not yet clarified if you have a SPT or a CPT

* however "we did sign a simple form saying that it is now periodic"suggests it is a CPT, but until you provide wording of both the original agrement, and this 'form' we don't know

* tenancy periods are defined by frequency of rental payment, not notice

* you are not helping. You say the tenancy agreement states 2 months notice, yet also: "Minimum notice will be equal to
(c)in any other case, a period equal to the period of the tenancy."

You need to quote full wording if you want decent advice!

Rollinghills

G_M wrote: »

* your tenancy is periodic, so Break Clause is irrelvant

* you have not yet clarified if you have a SPT or a CPT

* however "we did sign a simple form saying that it is now periodic"suggests it is a CPT, but until you provide wording of both the original agrement, and this 'form' we don't know

* tenancy periods are defined by frequency of rental payment, not notice

* you are not helping. You say the tenancy agreement states 2 months notice, yet also: "Minimum notice will be equal to
(c)in any other case, a period equal to the period of the tenancy."

You need to quote full wording if you want decent advice!

Sorry! So yes, it is CPT, we definitely agreed with the ll in writing. I need to find the form we signed when it went periodic.

When I said '"Minimum notice will be equal to
(c)in any other case, a period equal to the period of the tenancy."' I was just quoting from an earlier post but quote marks didn't work. I wondered whether the length of notice period can define the tenancy period, I suppose not.

Rollinghills

We decided to appeal to the tribunal in the end. I wrote a letter explaining the circumstances, not sure if they will take it into account but I feel better.