Periodic tenancy notice

Dagon666

My assured 12 month tenancy agreement has expired and now I'm on a rolling monthly periodic tenancy. I went through many similar threads discussing the notice period in such case and as far as I understand the notice period I must give to my landlord is at least 1 month. However, my landlord disagrees with that and insist on 60 days, since such notice is specified in the original AST. In my understanding the original agreement has no longer any meaning in this regard since it has expired and the rules of the periodic tenancy apply instead . Could someone please clarify?

booksurr

IF the original AST specifically refers to notice periods after the end of the fixed term then you now have a Contractual Periodic Tenancy and whatever notice period is listed in the TA is what applies now.

Unsurprisingly few LL or agents get this right and it is more likely that the "60 days" does not relate to the period after the fix has ended as it was simply a general clause asking you for notice. In that latter case you would indeed have a SPT and be liable for one rental period notice aligned with the original tenancy start date - note the subtle but vital difference from your casual use of "I have to give 1 month's notice"

read GM's guide as it covers everything you need to know
http://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4

Dagon666

Thanks for the reply. The interesting point in the agreement doesn't say anything about notice after the agreement expiration. So I assume SPT regulations apply. In fact the AST paragraph regarding notice is: "It is hereby agreed between the tenant and the landlord that the tenancy may be terminated by either the tenant or the landlord having given notice of not less than 60 days from rent date but not before 6 months of the fixed tenancy term has elapsed. The contract shall not be for a period of less than 6 months in total. "

booksurr

Dagon666 wrote: »

Thanks for the reply. The interesting point in the agreement doesn't say anything about notice after the agreement expiration. So I assume SPT regulations apply. In fact the AST paragraph regarding notice is: "It is hereby agreed between the tenant and the landlord that the tenancy may be terminated by either the tenant or the landlord having given notice of not less than 60 days from rent date but not before 6 months of the fixed tenancy term has elapsed. The contract shall not be for a period of less than 6 months in total. "

Please confirm there is a specific end date mentioned in the agreement otherwise that wording, despite referring to the existence of a fixed term component, could cause you problems since it is open ended and therefore you might have a CPT

Dagon666

First it's specifying a starting date and a term of 12 months from it. Later there is a section "notice of an assured shorthold tenancy " which specifies the starting and ending date explicitly .

G_M

You had a 12 month fixed term.

There was what appears to be a Break Clause, allowing you to give 60 days notice after the initial 6 months.

At the end of the fixed term, you moved to a Statutory Periodic Tenancy. The 60 days notice does not apply to the SPT.

As per the link in post 2 above.

Dagon666

OK. Thanks for clarification. One more thing. In the agreement I have a couple of special clauses, like the one which obliges me to hire a professional cleaner when I leave the property. Does any of theses have any meaning since the agreement expired ?

HappyMJ

Dagon666 wrote: »

OK. Thanks for clarification. One more thing. In the agreement I have a couple of special clauses, like the one which obliges me to hire a professional cleaner when I leave the property. Does any of theses have any meaning since the agreement expired ?

Cleaners don't have industry recognized qualifications so anyone charging for cleaning services could be considered a professional cleaner.

Just do it yourself to as good a standard as you possibly can and you'll be fine. Get your friends in to help you do the final clean and verify that in their opinion it's as clean as it can be. One persons subjective opinion of clean is different to someone else's so don't worry too much about it.

Dagon666

Unfortunately I can't since at the time of signing the contract, the LL insisted on a specific cleaning company or equivalent of cleaning services in cash. I didn't really want to loose the deal because of that, that's why I agreed.

I'm wondering though if this clause has any meaning now when the agreement expired?

HappyMJ

Dagon666 wrote: »

Unfortunately I can't since at the time of signing the contract, the LL insisted on a specific cleaning company or equivalent of cleaning services in cash. I didn't really want to loose the deal because of that, that's why I agreed.

I'm wondering though if this clause has any meaning now when the agreement expired?

It does has meaning but how enforceable it would be is debatable.

Personally I wouldn't worry about it. Just clean the place. I would dispute any deductions made from your deposit by the LL and let them try and justify the deduction themselves.

jjlandlord

booksurr wrote: »

IF the original AST specifically refers to notice periods after the end of the fixed term then you now have a Contractual Periodic Tenancy and whatever notice period is listed in the TA is what applies now.

It's not so simple.