Periodic tenancy notice, landlord insists 2 months

arciere

When we moved to our current flat, we signed a 12-month contract, which was renewed for another 12 months when it ended.
Upon reaching the end of the second contract (therefore 24 months since the first contract was signed), we mutually agreed to avoid the estate agency's fees and continue with a periodic tenancy.
Now, after months of stress and uncertainty, we have finally exchanged contracts for a property we want to buy, and we should complete in a couple of weeks' time.
I texted our landlord yesterday giving her the news, also saying that we are willing to pay the next month rent (so we are giving her 1.5 months' notice). She claimed that we were supposed to be giving 2 months' notice.
We never had any problems with her and really hope we can find an amicable agreement, but I would like to know where we stand.

I did look on Google and it seems like we only need to give 1 month's notice, but I was surprised to see her so convinced that it is actually 2.

Pixie5740

arciere wrote: »

When we moved to our current flat, we signed a 12-month contract, which was renewed for another 12 months when it ended.
Upon reaching the end of the second contract (therefore 24 months since the first contract was signed), we mutually agreed to avoid the estate agency's fees and continue with a periodic tenancy.
Now, after months of stress and uncertainty, we have finally exchanged contracts for a property we want to buy, and we should complete in a couple of weeks' time.
I texted our landlord yesterday giving her the news, also saying that we are willing to pay the next month rent (so we are giving her 1.5 months' notice). She claimed that we were supposed to be giving 2 months' notice.
We never had any problems with her and really hope we can find an amicable agreement, but I would like to know where we stand.

I did look on Google and it seems like we only need to give 1 month's notice, but I was surprised to see her so convinced that it is actually 2.

It depends on whether your tenancy is a contractual periodic tenancy or a statutory periodic tenancy. Please read G_M's guide to Ending/Renewing an AST for more information.

arciere

I had a look at that but I am still quite confused: how do I know which one we are on now?
When the second 12-month contract ended, we were contacted by the agency asking us whether we wanted to leave or to sign another 12-month contract.
We spoke to the landlord and we agreed to do nothing and just continue with a periodic tenancy (no new documents were signed).

Pixie5740

arciere wrote: »

I had a look at that but I am still quite confused: how do I know which one we are on now?
When the second 12-month contract ended, we were contacted by the agency asking us whether we wanted to leave or to sign another 12-month contract.
We spoke to the landlord and we agreed to do nothing and just continue with a periodic tenancy (no new documents were signed).

G_M wrote: »

]2) Tenant wishes to stay

a) a new Fixed Term tenancy can be negotiated, with the same or different length and rent

b) ]A Contractual Periodic Tenancy (CPT) may automatically follow the FT if the TenancyAgreement says so.Also known as 'rolling' or 'monthly'.Read the TA carefully to check. If so, no further agreement, signature or fee is needed.

c) a Statutory Periodic Tenancy (SPT) will ariseautomatically in the absence of a CPT. No agreement is required.

You would need to read the last tenancy agreement you signed to find out.

theartfullodger

Simply move out, return keys, by end of your notice. Take loads of photos (low definition... think about it....)

Then he may or may not sue for unpaid rent:. Bet he doesn't.

The only person who can rule if 2 months is needed is a judge

saajan_12

arciere wrote: »

I had a look at that but I am still quite confused: how do I know which one we are on now?
When the second 12-month contract ended, we were contacted by the agency asking us whether we wanted to leave or to sign another 12-month contract.
We spoke to the landlord and we agreed to do nothing and just continue with a periodic tenancy (no new documents were signed).

No new documents needed to move onto periodic, the terms of the periodic depend on the last agreement (ie your second 12 month fixed term).

Case 1: If that agreement mentions what happens after the fixed term, you are on a CPT and notice is as specified in the lastest agreement.

Case 2: If that agreeement is silent on what happens after the fixed term, you are on a SPT. Notice is 1 full tenancy period, in line with your periods.

theartfullodger wrote: »

The only person who can rule if 2 months is needed is a judge

No, the LL can deduct rent from the deposit, which the ADR arbitrater would decide on. Besides, you can have a good idea what they will rule based on what was agreed. If the ruling would go against you, you can avoid losses now by e.g.
- agreeing a mutual surrender with the LL in return for paying something less than an extra months rent
- making use of the property and delaying house purchase for the extra month

arciere

Ok, I just found an old email from the estate agency in reply to a doubt I had in regards to our deposit (what happens now that we are on a rolling contract?). Their reply was:

We are still holding your deposit but it has been changed to reflect the tenancy is no longer on a AST but changed to a statutory Periodic tenancy. You will get a email confirming this.

theartfullodger

saajan quite right Sir!

arciere... think you've won this one (or will eventually..) given your email from agent...

pmlindyloo

theartfullodger wrote: »

saajan quite right Sir!

arciere... think you've won this one (or will eventually..) given your email from agent...

I would still suggest you look at your original tenancy agreement and see what it says about this.

The EA could argue that they made a mistake. You are bound by the contract.