Periodic tenancy woes

en16

Hello all!

I'm hoping someone can help me please as my head is in very real danger of falling off. We had a six month fixed tenancy agreement which began on 20th June, we paid on the 19th of each month and it ended on 19th December. My flatmate was in the process of buying the flat we rent and so it was agreed with the landlord/owner that we would pay rent every two weeks until the sale went through and so we have paid the rent this way three times. The sale has now fallen through and the landlord wants us out which suits us as we would rather leave. He has said a Section 21 will be issued which says that he’s giving us 2 months’ notice to leave but we want to have left before then.

What we don’t understand is how much notice we as tenants have to give and when it will come into effect. Is it two weeks because we pay every two weeks as part of our periodic tenancy or is it a month because from what we can see this seems to be the standard and we used to pay monthly? We last paid rent almost two weeks ago and our next lot of rent is due to be paid this Saturday 2nd Feb. So if we give notice now would it come into effect from this Saturday as that’s when the next payment is due or would it be from 19th Feb as this is the date we originally paid rent as per the terms of the fixed contract? Our contract doesn’t give any indication as to how much notice we have to give.

Any help would be greatly appreciated. Thanks in advance.

Em

thelem

When you pay rent doesn't affect your contract. Unless you've signed anything else, you are still bound by the terms of your original contract. A standard 6 month AST becomes a periodic monthly tenancy at the end of the fixed period, and will usually require you to provide a rent period of notice.


So if you serve the minimum notice now (30th January) then the tenancy would end 19th March.


You can leave earlier only if your landlord agrees.

G_M

en16 wrote: »

..... We had a six month fixed tenancy agreement which began on 20th June2018?,
so fixed term ended 19th Dec 2018.

we paid on the 19th of each month and it ended on 19th December. correct
Did your tenancy then become a SPT or a CPT (see link below and here)

My flatmate was in the process of buying the flat we rent and so it was agreed with the landlord/owner that we would pay rent every two weeks until the sale went through and so we have paid the rent this way three times.
What was agreed exactly? Was it in writing?
Was the 2-weekly rent half the original monthly rent? What about the extra days (there are only 4 weeks in a month in Feb)

The sale has now fallen through and the landlord wants us out which suits us as we would rather leave. He has said a Section 21 will be issued which says that he’s giving us 2 months’ notice to leave but we want to have left before then.
If you want to leave, serve notice yourself.

What we don’t understand is how much notice we as tenants have to give and when it will come into effect.
See link below
Is it two weeks because we pay every two weeks
Almost certainly not, but please answer the question above

as part of our periodic tenancy or is it a month because from what we can see this seems to be the standard and we used to pay monthly?
Probably but but please answer the question above


We last paid rent almost two weeks ago and our next lot of rent is due to be paid this Saturday 2nd Feb.
Unless something different was agreed when the fixed term ended, OR unless something is stated in the original tenancy agreement, you still have a monthly periodic tenancy (CPT or SPT), but with an agreement to pay rent 2-weekly

So if we give notice now would it come into effect from this Saturday as that’s when the next payment is due
No

or would it be from 19th Feb as this is the date we originally paid rent as per the terms of the fixed contract?
Yes

Our contract doesn’t give any indication as to how much notice we have to give.
So probably a SPT. Does the contract mention what happens at the end of the fixed term?

Read
* 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?

ThePants999

The landlord wants you gone. You want to be gone. I'm confident that you ought to be able to reach an agreement...!

(In case you're unaware, if you and your landlord mutually agree to a "surrender" of the tenancy, you can pick whatever date you agree on, the notice period is then irrelevant.)