Advice re: notice of tenancy and contact

G_M

theepw wrote: »

Oh I see.

Sorry, I'm not sure of the difference between the two (i.e. statutory vs contractual)

d.

Then read the link that pixie helpfully gave you in post 2 above!

Read that before making any more assumptions. If you don't understand the explanation in that link, then come back and ask.

The point of that link is to give people a full explanation of an issue that recurs here day in and day out.....

1) our tenancy started on 28th

2) if the contract specifically states that the tenant can give their 1 month notice at any time after the full term of the agreement; does this mean that our notice period of 30th March - 30th April would be acceptable?

No. I doubt it. But as you have not quoted the full text it is impossible to be sure.

Read the link!

theepw

G_M wrote: »

Then read the link that pixie helpfully gave you in post 2 above!

Read that before making any more assumptions. If you don't understand the explanation in that link, then come back and ask.

The point of that link is to give people a full explanation of an issue that recurs here day in and day out.....



No. I doubt it. But as you have not quoted the full text it is impossible to be sure.

Read the link!

Hi,

Thanks for bringing that link to my attention, that was a really useful and informative document!

It therefore sounds very much as if we are now on a Statutory Periodic Tenancy (STP); as we have not signed anything new since and our initial 6 month FT contract did not state anything about a Contractual Periodic Tenancy (CPT).

It also appears, from reading that document, that the notice period is a months’ notice in writing ending on the last day of a Tenancy Period.

I am therefore wondering:
1) As our contract specifically states that the tenant may end the tenancy by giving 1 month notice ‘at any time’ after the FT (as opposed to simply just stating 1-month notice without any other specification); does this mean that our notice does not necessarily have to run to-and-from the last day of a tenancy period? Or does it still strictly have to run from one Tenancy Period to the next? I am just wondering if the ‘any time’ wording of the contract would give us some flexibility legally, if they were to insist that the rent must be paid up until the 28th May.
a. To give more background, our tenancy runs from 28th of the month to the next. We gave our notice on 30th of this month and we have requested to pay up until the first week of May (i.e. giving a little longer than a month in order to give time to sort a few things out).

2) Pixie mentioned that notice is served ‘not when you send it but when the landlord or agent acting on behalf receives it’. Is it therefore best to check with them that they have successfully received the notice? (especially as we have not heard back from them regarding our request to pay up until the first week of the following month)

Thanks for your advice so far.

G_M

1) The link states

a) A tenant can end a SPT by giving the landlord at least one months Notice in writing ending on the last (or 1st day - Crate v Miller 1947) of a Tenancy Period sent to the address "for the serving of notices".

The clause in your tenancy agreement is unusual, and I would have expected such a clause to appear in a Contractual Periodic Tenancy, since it is well-established how SPTs are ended.

Arguably it suggests the tenant could serve notice at any time, to end the tenancy a calender month later, however since rent would in any case be due till the end of the next period (periods are not divisible - you pay £X for a month/week), however I imagine the intention of the clause to inform the tenant that
a) the periods are a month so amonths notice is required and
b) notice does not have to be exactly a month, it can be longer

Poorly drafted though.

2) service is as per the link provided:
a) the date you hand deliver
b) 2 postal days after posting 1st class

Miss_Samantha

Anyway, that clause does not apply if you do have a SPT, so whatever it tries to say is rather moot.

franklee

If you are on a Statutory Periodic Tenancy you have to give a minimum one period's notice ending at the end of a period. When your tenancy moved from the fixed term to the Statutory Periodic Tenancy all terms are carried over to the new tenancy except the terms about ending the tenancy. So the term about one months’ notice in writing at any time no longer applies. It's misleading as it's a redundant term but I'm guessing it's from a boiler plate tenancy agreement.

If OTOH you are on a contractual periodic tenancy then you give notice as defined in the tenancy agreement so that one months’ notice term would apply.

To determine which tenancy you are on look at your tenancy agreement. Was the original fixed term defined as six months OR was it something like six months and thereafter month to month. In the first case you would end up with a SPT in the second a CPT.

If the terms are ambiguous then it should go in your favour as the person who didn't draw up the agreement.

You need to have served notice by the methods the tenancy agreement says. Email isn't typically counted as far as I know unless the tenancy agreement allows it. Recorded delivery isn't recommended as if the letter is refused it's not served. I think the best way is posting from two different post offices with proof of postage allowing time for transit. Alternatively, if the address for service of notices is the agent then serve by hand in person at the agent's office asking for a receipt.

Suggest you contact the agent see what they have to say. They may accept your notice even though if a SPT it's defective. Ask for confirmation of anything they offer in writing.