Notice period query - periodic tenancy

MoneySavingUser

I originally had a 12 month tenancy. The contract doesn't say anything about a notice period - just that I should:

"[FONT="]To permit the Premises to be viewed during the last 2 months of the tenancy at all reasonable times upon previous appointment during normal working hours made by any person who is or is acting on behalf of a prospective purchaser or tenant of the Premises who is authorised by the Landlord or the Landlord's Agent to view the Premises and to erect "For Sale" or "To Let" boards at their discretion.[/FONT]"

&

"[FONT="]References to "the Term" or "the tenancy" include any extension or continuation of the Agreement or any statutory periodic tenancy which may arise following the expiry or determination of the period of the month specified in clause 2.[/FONT]"

I then had another 12 month tenancy but the agent never returned me a copy of the signed tenancy agreement after I sent it back. I think it was virtually identical to the above. This tenancy expired and it became periodic.

The agent has now been changed to a different company and I haven't had any new documents - on their online portal it says I have a periodic tenancy.

The monthly periods run from the 27th of one month to the 26th of the next month.

So I assume if I give my notice now, the last day of my tenancy will be the 26th of December (Boxing Day!).

The query I have is that some articles I have read state that the notice can end on the first or last day of the tenancy e.g. https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/ending-your-tenancy/

You can usually give notice at any time, unless you have a break clause or a tenancy agreement that says otherwise.
The notice you give has to end on the first or last day of your tenancy period.
If your tenancy period runs from the 4th of each month to the 3rd of the next month this would mean:

• the first day of your tenancy period would be the 4th of the month
• the last day of your tenancy period would be the 3rd of the next month

So your notice would have to end on either the 3rd or 4th of the month.

Does this mean I can give notice to end on the 27th of December instead? Also I assume I am entitled to be in the property until midnight on the final day?

Is there anything I am missing in regards to ending a periodic tenancy - I have noted that I must post the notice rather than email. The original contract says I should serve any notices to the landlord c/o the old agent - I am planning to send the same letter to the landlord directly and the current letting agent.

G_M

Yes. Last or 1st day of a period. See Crate -v- Miller [1947]

Since you clearly have a SPT (not a CPT) you are right: notice served on or before 26th Nov would expire on 26th (or 27th) December. Be warned this is not widely known even by letting agents, so be prepared to have to argue for the 27th. Is it worth the hassle?

Notice should be served in writing according to the contract. Normally to the address provided 'for serving notices on the landlord' though there may be a separate clause permitting, eg email service.

Remember service is when it is received, not when posted.

For more:
* 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?

MoneySavingUser

Thank you G_M


The agent has said that I should drop the keys off with them on the last day and they will check the condition of the property after this - it seems from other posts here that the DPS guidance is that the tenant should be present but this isn't actually the law - any suggestions?


If they are using an inventory clerk then maybe they won't be working over the Christmas period.

G_M

I assume the agent will be closed on boxing day so they mean 'drop the keys off' through their letter box?


I'd get that confrmed in writing, but it seems pretty standard.


It's not the norm for the tenant to be present during checkout inspection. Just drop them a note in the new year (if you've heard nothing) asking for return of your deposit.



When/whether they inspect, and what deductions they may/may not decide on, is a matter for the future.

MoneySavingUser

Thanks, they actually agreed to the 27th so may be open but I will check!

G_M

MoneySavingUser wrote: »

Thanks, they actually agreed to the 27th in writing so may be open but I will check!

you don't want them coming back later saying you were a day late and have tpay another months rent, so make sure it's unambiguous....