Periodic Tenancy or not?

chunkytfg

Okay so keeping it as simple as possible.

April 2017 - moved into new flat with 12 month TA with no break clause. TA signed via Docu-sign and then a copy given to us when we paid the first months rent and deposit/fees.

Feb 2018 - Estate agent asked us to renew for a further 12 months which we were happy to so we signed a 'receipt for renewal' along with handing over a bit of cash for the privilege.

April 2018 - original 12 month TA ends and we carry on living in the flat with no intention to leave as we were still saving for a house and didn't see it happening anytime soon.

Now - We've been lucky that Bank of Mum and Dad is happy to help us with the deposit so we found a house to buy and it's all going through now.

The landlord has been informed we are leaving at some point and we indicated we were aware of our obligations to the TA however I'm now questioning if my obligations are to a new 12 month TA that we sort of signed in Feb or are they to the original one as we don't think we've ever actually signed a second one from April 2018.

So I guess my question is, does the 'Receipt for renewal' constitute another 12 month agreement in the eyes of the law or could i argue that without a signed one from April 2018 I am currently in a periodic tenancy and therefore able to give my 1 full months notice whenever I want?

G_M

For a contract to exist there must be
* an offer (there was - "Estate agent asked us to renew...")
* acceptance (there was - "we were happy to so we signed a 'receipt for renewal' along with handing over a bit of cash")
* consideration - you've been paying rent.


You have a 12 month fixed term from April Xth 2018 to April Xth -1 2019.

chunkytfg

G_M wrote: »

For a contract to exist there must be
* an offer (there was - "Estate agent asked us to renew...")
* acceptance (there was - "we were happy to so we signed a 'receipt for renewal' along with handing over a bit of cash")
* consideration - you've been paying rent.


You have a 12 month fixed term from April Xth 2018 to April Xth -1 2019.

Thanks for the info. I didn't think we would be getting out of it quite so easy/simply but it was worth an ask.

Luckily the LL has agreed to start finding a new tenant as soon as we give notice as providing he can find someone he's happy to let us off any remaining term. Fingers crossed the flat rents quickly:beer:

saajan_12

chunkytfg wrote: »

Thanks for the info. I didn't think we would be getting out of it quite so easy/simply but it was worth an ask.

Luckily the LL has agreed to start finding a new tenant as soon as we give notice as providing he can find someone he's happy to let us off any remaining term. Fingers crossed the flat rents quickly:beer:

Just as long as you understand you DO have a valid 12 month tenancy, so unless there's a break clause, any notice you serve is legally meaningless. If/when the LL agrees (maybe when he finds a new tenant) you can mutually terminate the tenancy on any date.. there's no legal notice period as its just an agreement between you. You can mutually agree to just leave and nothing owing, or (say) forfeit deposit, or pay £x for new referencing fees etc, or whatever.

chunkytfg

saajan_12 wrote: »

Just as long as you understand you DO have a valid 12 month tenancy, so unless there's a break clause, any notice you serve is legally meaningless. If/when the LL agrees (maybe when he finds a new tenant) you can mutually terminate the tenancy on any date.. there's no legal notice period as its just an agreement between you. You can mutually agree to just leave and nothing owing, or (say) forfeit deposit, or pay £x for new referencing fees etc, or whatever.

It's fine we do understand that we do have a valid tenancy with no break clause. Not sure why we didn't ask to put a 6 month Break clause into it when we renewed tbh but at the time we were nowhere near getting the deposit together to buy somewhere so didn't give it a thought.

My understanding is for me to give proper notice I have to give one full months notice leading up to the renewal date. The tenancy is from the 9th April 2017 so as long as I give notice any time before that my time is up on the 8th April.

If the LL wishes to come to an understanding to let us off any rent required up to that point it is something we will need to mutually agree but not something he technically has to do.