Agency Demanding 2 Months Notice (periodic tenancy)

theartfullodger

KatieDee wrote: »

.............The tenancy agreement clearly states that if in a periodic tenancy, one months notice must be given. It couldn't be any more specific......

More for academic info - that's all very well but s5(3)(e) of HA 1988
http://www.legislation.gov.uk/ukpga/1988/50/section/5
says any terms in tenancy about notice don't carry forward into the periodic phase: So whilst it may "clearly state" it can be happily ignored...

Pixie5740

Regardless of whether a landlord uses a letting agent or not the tenant's contract will be with the landlord and not the agent. Unless it's one of those rent guarantee schemes where the letting agent rents the property from the landlord and then sublets the property to a subtenant.

So who is named on your client's TA as the landlord?

G_M

theartfullodger wrote: »

More for academic info - that's all very well but s5(3)(e) of HA 1988
http://www.legislation.gov.uk/ukpga/1988/50/section/5
says any terms in tenancy about notice don't carry forward into the periodic phase: So whilst it may "clearly state" it can be happily ignored...

Depends if the fixed term is followed by a Statutory Periodic Tenancy or a Contractual Periodic Tenancy :

The periodic tenancy referred to in subsection (2) above shall not arise if, on the coming to an end of the fixed term tenancy, the tenant is entitled, by virtue of the grant of another tenancy, to possession of the same or substantially the same dwelling-house as was let to him under the fixed term tenancy.

However in this instance it makes no difference:

If contractual, the contract specifies 1 month - though as the full clause has not been quoted it is unclear if this is 1 calender month, or 1 month ending with a period.

If statutory, it is still 1 month - but since this must align with the tenancy periods, this could extend to just short of 2 months depending when in the period notice was served.

In what capacity is the tenant your client?

teeni

PasturesNew wrote: »

I'll wind my neck in if wrong ...

But, the tenant is correct, it's one month.
However, if the agreement started on 23rd, then they should be finishing on the 22nd. Going over the extra day could/would make them "liable" for an additional month, if you see what I mean.

It could, therefore, be that both the tenant and the agency are correct:

- tenant correct, but has c0cked up their end date
- agent correct if holding the c0cked up date "to the letter".

this was my thought too

teeni

KatieDee wrote: »

Fantastic point - I will confirm with my client the exact date they have given notice. You could well be correct!

Thank you for your helpful post, much appreciated.

I honestly can't see an agency (like the one in question) getting such a huge thing wrong, especially when there is so much information available to the tenant through amazing websites like Shelter, etc. I thought they were either trying their luck or it had been a bit of a misunderstanding.

the date they gave the notice wont change the fact the notice is said to expire on the 23rd, the first day of a new tenancy period so another months rent due.NOtice date should have been 22nd

G_M

teeni wrote: »

the date they gave the notice wont change the fact the notice is said to expire on the 23rd, the first day of a new tenancy period so another months rent due.NOtice date should have been 22nd

See

Crate -v- Miller [1947] (Notice can end last or 1st day of Tenancy Period)