Notice to leave rented

frustrated12

Hello,

Shortly we should be completing on our house purchase. We have been in our rented house since March 2015, originally we signed a 12 month contract and following that we signed 2 more 12 month contracts. As we knew we would be buying we did not sign a new 12 month contract in March 2018, so now we are just on the standard AST.

We are looking to see when we need to issue notice, however going back through the paperwork we signed an addendum to agreement at the time of signing the original contract which states that the tenants must give 2 months notice.
Is this still in effect or has it reverted back to the standard 1 months notice?

Adereterial

Without the latest contract it’s impossible for anyone here to tell. What does the last contract you signed say about notice periods?

frustrated12

The last contract that was signed was exactly the same as the first contract we signed.

So I need to give 2 months notice?

Adereterial

frustrated12 wrote: »

The last contract that was signed was exactly the same as the first contract we signed.

So I need to give 2 months notice?

Sigh.

You have the contract. It tells you - the if it says 2 months notice, that’s what you give. If it says something else, then you give something else. I can’t see the contract - you can. What does it SAY? Is there an addendum? No addendum?

No one here can read your contract telepathically. Either set out what it says, or no one can help you?

saajan_12

frustrated12 wrote: »

The last contract that was signed was exactly the same as the first contract we signed.

Which is what??
* same with the addendum or without?
* does the last contract have any terms on notice (which may / may not be overridden by an addendum)?
* any mention of a contractual periodic tenancy or statutory periodic tenancy?
* any mention of what happens after the fixed term (are you sure the 2 months notice isn't for a break clause or terminating at the end of a fixed term?)
..

frustrated12

The addendum which was signed in 2015 say:
It is agreed further that the tenant may issue two months notice I. Writing to expire on the last day of a period of tenancy and that the landlord may issue two months notice in writing to expire on the last day of a period of the tenancy. Any such notice issued by either the landlord or the tenant may not expire sooner than the initial six month term of a tenancy agreement.

In the contract, which was also signed in 2015, states:
The landlord may bring the tenancy to an end by giving to the tenant no less than two months written notice stating that the landlord requires possession of the property as prescribed by the Housing Act 1988 (1996).

GROUND ONE NOTICE schedule 2 to the Housing Act 1988.
The landlord notified the tenant that possession of the property may be recovered under Ground 1 in Schedule 2 to the Housing Act 1988. This requires the court to order possession of the premises where the landlord has previously occupied the property as his only or principle home or requires the property as the only or principle home of the landlord or the landlords spouse.

GROUND TWO NOTICE schedule 2 of the Housing Act 1988.
The landlord notifies the tenant that possession of the property may be recovered under Ground 2 of Schedule 2 to the Housing Act 1988. This requires the court to order possession where:
(i) the property is subject to a mortgage or charge granted before the beginning of the tenancy; and
(ii) the lender is entitled to exercise power of sale; and
(iii) the lender requires possession of the property in order to dispose of them with vacant possession when exercising the power of sale. PROVIDED ALWAYS AND IT HEREBY AGREED.

This is the only physical copy of a contract I have. All other times, the landlady has emailed and asked if we would like to renew. This is a copy of her last email in 2017 regarding renewing the contract:
Sorry about this email but I have to do tenancy renewal formally .

Further to our conversation we would like to confirm that we are happy that you wish to renew the Assured Short hold Tenancy Agreement as set out on 5 the march 2015.

We agree that you will continue to reside at the above property under same conditions as set out on previous tenancy agreement (ensuring lino, flooring and walls are as they were when you took out tenancy as and when you vacate), giving the appropriate set notices, applying both ways.

There will be no rent increase, (£725.00 per month) providing you are keeping the property in good order.

muhandis

[STRIKE]From what I can understand -

You signed the first contract in March 2015, it appears to be a 12 month contract with a 6 month break clause, ie allowing you to leave after 6 months with 2 months notice.

It looks like you renewed the contract on the same terms in March 2016 and March 2017.

From what you're saying, you declined to sign a renewal in March 2018 at which point your tenancy would have moved on to a periodic tenancy. Assuming your original contract is silent about this, it would be a statutory periodic tenancy (SPT).

The SPT will include all the terms of the original contract, except that any provision in the contract about ending the tenancy shall have no effect – for example “the tenant must give 2 months’ notice”, etc.

The notice period under an SPT will be determined by how often rent is due, so a monthly rent will result in a monthly periodic tenancy which the tenant can end with 1 month's notice and the landlord can end with 2 month's notice.

There are a lot of assumptions in my post above, but if they are correct, your notice period should be 1 month (assuming you pay rent monthly).[/STRIKE]

As Saajan and GM explain below, it appears you're in a CPT, hence the same terms (2 months notice) as the original contract. Apologies for the incorrect advice.

saajan_12

frustrated12 wrote: »

The addendum which was signed in 2015 say:
It is agreed further that the tenant may issue two months notice I. Writing to expire on the last day of a period of tenancy and that the landlord may issue two months notice in writing to expire on the last day of a period of the tenancy. Any such notice issued by either the landlord or the tenant may not expire sooner than the initial six month term of a tenancy agreement.

muhandis wrote: »

From what I can understand -

You signed the first contract in March 2015, it appears to be a 12 month contract with a 6 month break clause, ie allowing you to leave after 6 months with 2 months notice.
..
There are a lot of assumptions in my post above, but if they are correct, your notice period should be 1 month (assuming you pay rent monthly).

Why do you think the addendum specifies a break clause rather than a contractual periodic tenancy? Yes it says not sooner than 6 months, but that's often used as a catch all in case the term is <6 months, to ensure it doesn't fall foul of minimum time to landlords notice being 6 months.

Also during the fixed term there are no 'periods'.

frustrated12 wrote: »

This is a copy of her last email in 2017 regarding renewing the contract:
Sorry about this email but I have to do tenancy renewal formally .

Further to our conversation we would like to confirm that we are happy that you wish to renew the Assured Short hold Tenancy Agreement as set out on 5 the march 2015.

We agree that you will continue to reside at the above property under same conditions as set out on previous tenancy agreement (ensuring lino, flooring and walls are as they were when you took out tenancy as and when you vacate), giving the appropriate set notices, applying both ways.

There will be no rent increase, (£725.00 per month) providing you are keeping the property in good order.

So nothing was resigned? I think that implies ALL of the agreements, including the original contract and addendum were renewed for another year in 2016 and then 2017. So the final agreed terms were Fixed term March 2017-18, rolling into a Contractual Periodic Tenancy with 2 months notice each way, expiring at the end of a period.

muhandis wrote: »

Assuming your original contract is silent about this, it would be a statutory periodic tenancy (SPT). - or a CPT since the March 2017 contract includes the CPT from the addendum, which was renewed based on the email.

The SPT will include all the terms of the original contract, except that any provision in the contract about ending the tenancy shall have no effect – for example “the tenant must give 2 months’ notice”, etc. - or a CPT would include those terms.

BelowTheLine

Hi,

Out of curiosity, where do you see the contract specifying that it would roll over into a contractual periodic tenancy? From a previous tenancy contract I had, I remember it clearly stating something to the effect that at the end of the fixed term, the tenancy shall continue as a contractual periodic tenancy under the same terms.

Thanks.

saajan_12 wrote: »

rolling into a Contractual Periodic Tenancy with 2 months notice each way, expiring at the end of a period.

saajan_12

BelowTheLine wrote: »

Hi,

Out of curiosity, where do you see the contract specifying that it would roll over into a contractual periodic tenancy?

From this: nothing to say it only applies before the end of the fixed term. Your tenancy may have been more explicit but that doesn't mean its required.

frustrated12 wrote: »

The addendum which was signed in 2015 say:
It is agreed further that the tenant may issue two months notice I. Writing to expire on the last day of a period of tenancy and that the landlord may issue two months notice in writing to expire on the last day of a period of the tenancy. Any such notice issued by either the landlord or the tenant may not expire sooner than the initial six month term of a tenancy agreement.

BelowTheLine

So are you saying that you are sure it's a contractual periodic or that it could be one? Sorry, I'm not trying to put you on the spot, just find the topic interesting.

saajan_12 wrote: »

From this: nothing to say it only applies before the end of the fixed term. Your tenancy may have been more explicit but that doesn't mean its required.