Ending a Periodic Tenancy on a specific date

arthurfowler

Does anyone know if I am able to end a periodic tenancy on a specific date?

Our fixed term contract expired and rolled over to a periodic and it doesn't state how much notice we have to give, so am assuming it's a month.

I have a couple of questions...

Can I ask for the move out date to be half way through a rental period (i.e. notice of 1 month rental period + extra 16 days)? Or can they tell me no?

I pay rent on the 1st of every month, (so ideally I would need to give notice on or before the 1st I think). What happens if I give notice on the 6th August for example? Would that mean I would need to pay until the end of September?

G_M

* the tenancy can end on any date you want provided the landlord agrees

* otherwise notice must expire with a tenancy period. No, you can't just pick a date

* it's tenancy periods that matter, not rental periods (though they often coincide)

* Notice must include a full tenancy period. So assuming your tenancy periods start on 1st month (rent payment date may be different), then notice served on 6th August would expire on 30th Sept.

* this all assumes you are in Eng/Wales, and have a Statutory Periodic Tenancy. However if your tenancy agreement specifies that a periodic tenancy will follow the fixed term and also specifies the notice period (eg 2 months, or 2 tenancy periods) then you'll have a Contractual Periodic Tenancy, and must abide by the terms of that contract.

See

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

arthurfowler

Ah I see so is the tenancy period automatically set from when we moved in? We moved in on the 20th so is tenancy period 20th - 19th?

Our rent payment is 1st of month.

arthurfowler

Sorry for double post!

G_M

arthurfowler wrote: »

Ah I see so is the tenancy period automatically set from when we moved in?

We moved in on the 20th so is tenancy period 20th - 19th?

Our rent payment is 1st of month. Can't find anything in the contact which states a tenancy period unless I'm being silly

Yes.

I imagine your fixed term ended on 19th, so tenancy periods are, as you say, 20th - 19th.

So notice served on 6th August will expire on 19th Sept.

You will need to adjust your final rent payment appropriately. eg does rent on 1st Sept cover the period

* 1/9/17 - 30/9/17 or
* 20/8/17 - 19/9/17 or
* 20/9/17 - 19/10/17 or
* some other period?

arthurfowler

We changed our payment date to fall in line with salaries and we paid an extra couple of weeks in advance so we could have payments going out at the first of the month. So in your example, it would be the first option you gave 1st - 30th).

I want to check my tenancy again to ensure I am not missing anything, but I couldn't find any provisions for a notice period if the fixed tenancy ends and goes into a periodic.

Thanks for your help so far!

G_M

arthurfowler wrote: »

We changed our payment date to fall in line with salaries and we paid an extra couple of weeks in advance so we could have payments going out at the first of the month. So in your example, it would be the first option you gave 1st - 30th).

In that case, assuming you serve notice to end the tenancy on 19th Sept, your rent payment on 1st Sept should be reduced to cover just the 19 days of Sept.

monthly rent x 12 months / 365 days x 19 days
or
monthly rent / 30 days x 19

I never know which is the better/right formula!

arthurfowler

Thank you!

This is the only thing I have found about notice:

"(8) Tenant’s terminating procedure The Tenant may terminate this tenancy by giving two month’s written notice to expire not earlier than Six months from the Commencement Date of the term."

Does this still apply, even though we've now moved to periodic?

G_M

arthurfowler wrote: »

Thank you!

This is the only thing I have found about notice:

"(8) Tenant’s terminating procedure The Tenant may terminate this tenancy by giving two month’s written notice to expire not earlier than Six months from the Commencement Date of the term."

Does this still apply, even though we've now moved to periodic?

That looks like a Break Clause which gave you flexibility to end the tenancy befre the expiry date of the fixed term. Though to be 100% sure I'd need to see the context.

arthurfowler

Hiya, This is the context:

Clause 5 Further Agreed Matters

Inthis agreementthe followingfurthermatters are agreed between the Landlord and the Tenant.
The Landlord and the Tenantagree as follows:
(1) EnglishLawandCourts The Landlord and the Tenantagree thatthis agreementshould begoverned by and construed inaccordance with English Law and thatthe English Courts should have jurisdiction indecidingany disputes arising outofthis agreement.

(2) Apportionment Sums requiringapportionmentwillbeapportioned on adaily basis. Note:"apportionment"meanssplitting up a sumof money.

(3)Notices
(a)Any notices tobeserved on the Tenantby the Landlord may besent by first class post tothe property.
(b)Any notices sent tothe property willbedeemedtohave been receivedon the second working day afterposting.
(c)For letonly and rentcollection services, acopy ofthe notice toterminate this agreementmust besent to Winkworth so thatWinkworth may adhere tothe time scales ofthe Tenancy Dispute Service.

(4) Paymentsbypersonsother thanthe Tenant Ifsomeone otherthan the Tenantmakes any paymentor payments ofrenttothe Landlord then they shall be deemedtobedoingso as agentfor the Tenant.

(5)Removalof belongings Ifany itembelongingtothe Tenantis notremoved from the property whenthe Termcomes toan endand as a result the Landlord cannotuse the property,the Landlord is entitledtoclaimdamages equivalenttothe rent,which damages willbepayable by the Tenanttothe Landlord until such time as these items have been removed by the Tenant. IMPORTANTNOTE: Wherea tenantleavesitems inthe propertywhenthe Termcomesto anend, the law permitsthe Landlordonnoticeto the Tenantto disposeof the items andchargethe costsof doing so to the Tenant: TheTorts(InterferencewithGoods) Act1977.

(6)Tenancy swaps Ifyou should wish tohave atenancy swap then this wouldonly take place should both parties agree and subject to referencingand signing ofan agreement.There wouldbeacharge for referencingplus an administration cost of £200+vatduefrom the tenants.

(7)Check outprocedure (a) Toattend the checkoutofthe Property with the Landlord and/orthe Landlord’s Agentat the endofthe tenancy inordertoexamine the condition and cleanliness ofthe Property and ofall furniture,fixtures, contents and effects listed inthe inventory.
(b) As soon afteras is practical the Landlord willproduce aschedule ofall alleged defects damages discrepancies at the property togetherwith acost for each itemclaimed.
(c)The parties willthen seek agreementtothis schedule butboth parties may solve matters by negotiation, mediation,arbitration or by reference toappropriate courts.

(8) Tenant’sterminating procedure The Tenantmay terminate this tenancy by givingtwomonth’s written notice toexpire notearlierthan Sixmonths from the CommencementDate ofthe term.