SPT two months notice in tenancy agreement

donfanatico

Our original 12 month tenancy agreement (which expired 2 years ago) became an SPT however in it it says that once the agreement becomes a SPT both landlord and tenant are required to give 2 months notice. Is this enforceable as SPT really only requires 1 month notice by tenant? Who is right?

We are buying and really don't want to have to pay an extra months rent wile already having completed on new property?

Please advise, many thanks:beer:

MrJB

It depends if the tenancy creates a contractual periodic tenancy or as you say it's ruled by statute. If it's the latter, then the agreement determines absolutely and is governed by the statutory requirements which are as you've stated.

pmlindyloo

donfanatico wrote: »

Our original 12 month tenancy agreement (which expired 2 years ago) became an SPT however in it it says that once the agreement becomes a SPT both landlord and tenant are required to give 2 months notice. Is this enforceable as SPT really only requires 1 month notice by tenant? Who is right?

We are buying and really don't want to have to pay an extra months rent wile already having completed on new property?

Please advise, many thanks:beer:

Can you please quote the exact wording of what is said in your tenancy agreement about what happens at the end of the fixed term?

This will, hopefully, determine whether you have a periodic statutory tenancy or a contractual periodic tenancy.

marksoton

donfanatico wrote: »

We are buying and really don't want to have to pay an extra months rent wile already having completed on new property?

What stage are you at with your purchase?

donfanatico

Assured Shorthold Tenancy Agreement


1.2 Vacation of the property before the end of the tem

1.2.1 The landlord or the Tenant may bring the Tenancy to an end at any time before the end of the term (but not earlier than six months from the commencement date of this agreement) by giving to the other party at least Two months written notice, such notice expiring on rent due day.

1.2.2 If the Tenancy becomes a periodic tenancy the the Landlord or the Tenant may bring the Tenancy to an end by giving the other party at least Two months written notice, such notice expiring on a Rent Due Day

donfanatico

Don't worry , am aware not to give notice until exchange of contracts

marksoton

donfanatico wrote: »

Don't worry , am aware not to give notice until exchange of contracts

Good. But in this instance if two months notice IS required you may be able to time things so it doesn't become a problem anyway.

G_M

donfanatico wrote: »

1.2.2 If the Tenancy becomes a periodic tenancy the the Landlord or the Tenant may bring the Tenancy to an end by giving the other party at least Two months written notice, such notice expiring on a Rent Due Day

This could be interpreted by a court either way.

It does not explicitly state that following the fixed term a contractual periodic tenacy will be created. Hene one can argue a SPT follows, with a single tenancy period's notice required (note - rent day is irrelevant).

However, since it includes a contractual definition of notice in any subsequent periodic tenancy, there is an implication that a CPT is created, thus two months notice required ending on a rent day as opposed to aligned to tenancy period (if different).

So: interpret it how you wish (ie to your advantage) and see if the landlord/agent makes an issue of it. Then refer it for a ruling by deposit arbitration or a judge.

This is a similar thread:

https://forums.moneysavingexpert.com/discussion/5420136

Miss_Samantha

donfanatico wrote: »

1.2.2 If the Tenancy becomes a periodic tenancy the the Landlord or the Tenant may bring the Tenancy to an end by giving the other party at least Two months written notice, such notice expiring on a Rent Due Day

Hi donfanatico,

Another example of a rather meaningless clause in itself.

It applies "if the tenancy becomes a periodic", so is there anything to that effect in your agreement?
If the agreement is only for a standard fixed term tenancy then you can safely ignore this clause, though obviously the landlord/agent may argue.

donfanatico

We are definitely moving in before the end of MArch (new build already built etc) so I really need to hand in notice today or Monday expiring until either end of March or end of April. just need to knwo where I stand

donfanatico

nothing in the agreement to say that it will become a contractual periodic tenancy after ward,