A Question of Periodic Tenancy and Notice

Astar1809

Hi All,

Last year our estate agents sent through the contract renewal for the property we rent and asked for £60 admin fee, I questioned the fee and didn't hear back from them and didn't sign the renewal.

Now we are 6 months later and looking to move so just wondering what the best next steps are?

To give some detail our rent is due on the 28th of each month and we are 2 months in advance on the rent due to their terms. If I was to give my estate agent 2 months notice on the 27th of May and our last day in the property 26th July, would this be enough?

Also as we are two months in front on the rent does this mean when we give two months notice we stop paying the rent (I assume so but want to be sure).

Thank you for any help you may be able to offer and I am happy to answer any questions. that may help.

Comms69

check your tenancy agreement; it will tell you what happens after the fixed term

Astar1809

This is what it says in my agreement, there seems to be to clarity on what happens if we accidentally go on to a periodic tenancy like we have.

2.5 Ending the Tenancy
If the Tenant intends to vacate at the end of the fixed term he must give the Landlord or his Agents at least two month’s notice in writing. Failure to give two month’s notice will result in the Landlord being entitled to withhold and retain the whole or part of the deposit referred to in Clause 1.8.1 in an amount equivalent to rent lost to the Landlord at the rate set out in this agreement for the period between such expiry date and the date on which replacement Tenants commence their rent payments with the Landlord using every endeavour to minimise such loss and to repay any balance remaining after such deduction and any other relevant deductions.

Comms69

Astar1809 wrote: »

This is what it says in my agreement, there seems to be to clarity on what happens if we accidentally go on to a periodic tenancy like we have.

2.5 Ending the Tenancy
If the Tenant intends to vacate at the end of the fixed term he must give the Landlord or his Agents at least two month’s notice in writing. Failure to give two month’s notice will result in the Landlord being entitled to withhold and retain the whole or part of the deposit referred to in Clause 1.8.1 in an amount equivalent to rent lost to the Landlord at the rate set out in this agreement for the period between such expiry date and the date on which replacement Tenants commence their rent payments with the Landlord using every endeavour to minimise such loss and to repay any balance remaining after such deduction and any other relevant deductions.

well that clause is unenforceable anyway. and doesn't apply to your situation.


So I would assume it's a statutory periodic tenancy - ie one tenancy period notice.

saajan_12

Astar1809 wrote: »

This is what it says in my agreement, there seems to be to clarity on what happens if we accidentally go on to a periodic tenancy like we have.

2.5 Ending the Tenancy
If the Tenant intends to vacate at the end of the fixed term he must give the Landlord or his Agents at least two month’s notice in writing. Failure to give two month’s notice will result in the Landlord being entitled to withhold and retain the whole or part of the deposit referred to in Clause 1.8.1 in an amount equivalent to rent lost to the Landlord at the rate set out in this agreement for the period between such expiry date and the date on which replacement Tenants commence their rent payments with the Landlord using every endeavour to minimise such loss and to repay any balance remaining after such deduction and any other relevant deductions.

That clause is about terminating AT the end of the fixed term. Your fixed term has passed, so you need to look for any clauses that say what happens AFTER the end of the fixed term.
* If it specifies notice then you're on a CPT and you go by that
* If not then you give notice per an SPT and give 1 tenancy period notice, expiring at the end of a period. ie serving on 27th May would expire 28th June (not 26th)

Re rent payments, simply check how many months you've paid and how many months the tenancy was (ie from the start to the expiry of your notice).

Astar1809

That makes sense, although are we opening ourselves up to trouble if we give 2 months notice as we have 2 months in advance with them?

Comms69

Astar1809 wrote: »

That makes sense, although are we opening ourselves up to trouble if we give 2 months notice as we have 2 months in advance with them?

No, that's fine.


But you can just require a refund of the overpaid rent

saajan_12

Astar1809 wrote: »

That makes sense, although are we opening ourselves up to trouble if we give 2 months notice as we have 2 months in advance with them?

Where are you moving to? If you know further in advance then legally nothing preventing you from giving more notice than required.

Alternatively if you plan on moving on XYZ date 2 months away and you're paid up until then, you could stop paying further rent, but only give notice when you have to.. reason being, if there's a chance you need to push back the XYZ leave date, you still can for a few more weeks, and you just have to pay the extra rent beyond XYZ. Technically you won't have the 2 months in advance but little they can do about it.

Astar1809

We do not know yet, we just know we need a bigger place and have the budget to do so. Also we have 2 kids at school so wanted to move in the summer to cause least disruption.

We do have temporary accommodation (parents house) for a month 6 weeks if we need to, that is if we cannot find a property we want that fits with the moving out date.

Giddypip

saajan_12 wrote: »

* If not then you give notice per an SPT and give 1 tenancy period notice, expiring at the end of a period. ie serving on 27th May would expire 28th June (not 26th)

That does not sound right, 27th May to 28th June is one month and one day. I would have thought the OP was right in saying give notice on 27th expires on 26th.

G_M

Giddypip wrote: »

That does not sound right, 27th May to 28th June is one month and one day. I would have thought the OP was right in saying give notice on 27th expires on 26th.

Notice can be more than a month.


The tenancy periods end on the 27th (assuming rent due date of 28th is 1st day of the period), so notice should expire on last (or 1st) day of period - 27th (or 28th).