How much notice should I give?

G_M

nick87 wrote: »

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.
see the underlined sentence above! You now have a contractual Periodic Tenancy and notice is as it states.

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

Correct. Change of landlord makes no difference.

The clause doesn't specify whether it's calendar months or tenancy periods.

The clause specifies 'months'. I know of no other kind of month other than a calender month. Had the LL wished to align the notice period to tenancy periods, it would say 'periods'.

Miss_Samantha

nick87 wrote: »

"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"

To be honest, I doubt that this creates an obligation for the tenant to give 2 months notice.

Indeed, it starts by stating "2 months prior to the end of their tenancy", which suggests that the tenancy is a fixed term tenancy.
Then, "the landlord gives reasonable agreement to allow the tenancy to continue on a periodic basis" does not mean much to me: the tenancy cannot be 'allowed' to continue on a periodic basis if it is a fixed term tenancy, with or without the landlord's 'reasonable agreement' (whatever that also means).

Thus, most likely an SPT was in fact created at the end of the fixed term tenancy.

G_M

Miss_Samantha wrote: »

To be honest, I doubt that this creates an obligation for the tenant to give 2 months notice.

Indeed, it starts by stating "2 months prior to the end of their tenancy", which suggests that the tenancy is a fixed term tenancy.
Then, "the landlord gives reasonable agreement to allow the tenancy to continue on a periodic basis" does not mean much to me: the tenancy cannot be 'allowed' to continue on a periodic basis if it is a fixed term tenancy, with or without the landlord's 'reasonable agreement' (whatever that also means).

Thus, most likely an SPT was in fact created at the end of the fixed term tenancy.

except that it not only says "the landlord gives reasonable agreement to allow the tenancy to continue on a periodic basis" but then goes on to define notice required in that subsequent periodic tenancy.

That suggests strongly that a contractual periodic is created, since it is defining the terms of that contract.

Ultimately of course only a court could decide.

Miss_Samantha

G_M wrote: »

except that it not only says "the landlord gives reasonable agreement to allow the tenancy to continue on a periodic basis" but then goes on to define notice required in that subsequent periodic tenancy.

It does matter what it says re. notices.

A fixed term tenancy end at the expiry of the term. To add a clause that the landlord would agree to allow it to continue means nothing. First because, surely, the tenant would also have to agree, and in any case because it is not possible since the tenancy ends at the expiry of the term.

mrginge

Miss_Samantha wrote: »

It does matter what it says re. notices.

A fixed term tenancy end at the expiry of the term. To add a clause that the landlord would agree to allow it to continue means nothing. First because, surely, the tenant would also have to agree, and in any case because it is not possible since the tenancy ends at the expiry of the term.

Firstly, The tenant has agreed by signing the contract.
Secondly this tenancy does not end at the expiry of the fixed term. It simply continues on a periodic basis under the specified terms.

That is why it is contractual.

Miss_Samantha

mrginge wrote: »

Firstly, The tenant has agreed by signing the contract.

Where does it say that both parties agree to the tenancy 'continuing'?

In addition, it says that the landlord agrees to allow the tenancy to continue, which is very nice but, as said, has no effect on a fixed term tenancy.

mrginge wrote: »

Secondly this tenancy does not end at the expiry of the fixed term.

The clause quoted specifically mentions the end of the tenancy...

Read this clause carefully.

Pixie5740

Does it make much difference in the OP's case? If we say it's a CPT and he had to give 2 calendar months then serving notice 24th February will end the tenancy 23rd April. If we say it's a SPT and he served notice 24th February then the tenancy will end 22nd April because he pays his rent monthly and the tenancy periods are from 23rd to 22nd. So really the way it's worked out there's only 1 day in it.

nick87_2

Sorry for bringing such an old post to the top, but I thought I'd give some closure as other forum posts never gave the outcome.

Anyway, I told the landlord I was in a SPT and I would be moving out the day which I stated in my notice. They conceded (or maybe they didn't want the hassle), I agreed to allow viewing without my presence at the flat and everyone was happy.
Actually happy would be a lie - they tried to make deductions of £500 from the deposit for outrageous reasons but they were contested successfully.