How much notice should I give?

nick87_2

I moved into my flat 23rd Feb 2015 and signed a 6 month Shorthold tenancy agreement.

I wanted to pay every 27th so it was in line with my payday, so I paid the extra 4 days worth of rent and went with a rent due date of 27th (I think this is irrelevant but thought I'd mention it anyway).

Since then I've moved onto a periodic contract.

I want to move out 26th March, so I handed in my notice yesterday (24th) through email to the landlord.
Today I received an email from the lettings agency telling me I have to give 2 months.
It does say in the agreement that I have to give 2 months notice, however I thought in a periodic contract by law I should only have to give 1 months notice. Are the lettings agent just trying it on?
Thanks all.

beanandbean

nick87 wrote: »

I moved into my flat 23rd Feb 2015 and signed a 6 month Shorthold tenancy agreement.

I wanted to pay every 27th so it was in line with my payday, so I paid the extra 4 days worth of rent and went with a rent due date of 27th (I think this is irrelevant but thought I'd mention it anyway).

Since then I've moved onto a periodic contract.

I want to move out 26th March, so I handed in my notice yesterday (24th) through email to the landlord.
Today I received an email from the lettings agency telling me I have to give 2 months.
It does say in the agreement that I have to give 2 months notice, however I thought in a periodic contract by law I should only have to give 1 months notice. Are the lettings agent just trying it on?
Thanks all.

They might not be trying it on, they might just be wholly incompetent and think this is the case.
Everything I've read points to it being a months notice

http://www.anuk.org.uk/Information/LandlordHandbook/Landlord_trainingmanual_Chapter5.pdf

Page 4 (5.3.1)

nick87_2

Thank you - I'm just trying to make see if it says that statutory guidelines always trumps what the lettings agents think.

mrginge

What *exactly* does your contract say about the notice period and what happens after the fixed term expires?

nick87_2

Regarding notice:
"The tenant agrees to confirm in writing to the landlord no later than 2 months prior to the end of their tenancy of their intentions to vacate the property. If notice is not received then the landlord gives reasonable agreement to allow the tenancy to continue on a periodic basis (subject to 2 months' written notice from the tenant or 2 months written notice from the landlord"

I cannot see anywhere in the contract about what happens after the fixed term expires.

It probably makes no difference, but my landlord changed early this year.

mrginge

You have agreed to continue on a periodic basis with an agreed notice period of two months.
You have a contractual periodic tenancy as opposed to a statutory periodic tenancy.

nick87_2

Damn, that's not what I wanted to hear, but thank you.

How have I entered into a CPT as opposed to the SPT? Would I have not have had to agree to something after the shorthold tenancy agreement ended?

mrginge

nick87 wrote: »

Damn, that's not what I wanted to hear, but thank you.

How have I entered into a CPT as opposed to the SPT?

By contractually agreeing to 'continue on a periodic basis'.

booksurr

nick87 wrote: »

Damn, that's not what I wanted to hear, but thank you.

How have I entered into a CPT as opposed to the SPT? Would I have not have had to agree to something after the shorthold tenancy agreement ended?

you signed the contract with the contractual periodic tenancy clause in it, you therefore agreed to this from the outset. You are deemed to have understood what you signed!!

the clause clearly applies after the fixed period since that is exactly what it refers to! The LL does not get a shorter/better notice period than you, so I doubt the clause would be deemed invalid on grounds it was "unfair". Lucky for you it does not specify when your notice has to start so so you have served notice from 24th Feb and it therefore expires on 23rd April - assuming of course the LL agrees to accept it - confirm that in writing!

nick87_2

Agrees to accept it? Surely they have to accept my notice right? (Even though I'm not happy with the fact it's 2 months notice)

Pixie5740

The clause doesn't specify whether it's calendar months or tenancy periods. If it's the former then notice served yesterday would end the tenancy 24th April. If it's the latter then as your tenancy started on the 23rd then notice should have been served before 23rd and serving notice yesterday actually takes you up to 22nd May. That's the potential sticking point.

If you weren't happy with the terms of the Contractual Periodic Tenancy then you shouldn't have signed the Tenancy Agreement in the first place.