Help on notice period

Trebor000

Hello I'm looking for some input on what our notice period is.

Tenancy for a fixed term of 18month started in 2007, this has 2 month's notice defined in the contract with a 6 month break clause (notice could be served after 12 month). A s21 notice was served at the start of the tenancy for the end of the fixed term in 2009.

When it came to renewal we agreed to default to a statutory periodic tenancy with the landlord, cutting out the estate agents who wanted us to sign up to a fixed term again. We did not sign anything more, and have just been paying our rent monthly since, and increased rent when asked. The landlord has been very good in repairs and increases so this informal relationship has worked well. So it likely we can agree a flexible notice, but wanted to check what the default is before engaging with them.

The statutory periodic tenancy looks to be a months notice required by the tenant. Although I have read the original contract may overide this, which would be 2 month's.

So the question is do we have to give 1 or 2 month's notice?

Thanks in advance.

AdrianC

Standard periodic notice is 1mo from you, 2mo from landlord, from the start of the next rental period (month).

Trebor000

Second question, if it's 1 month and the rental is say 21st to 20th. I give notice say today or anyday before 21 October, we pay Octobers rent on the 21st and then leave by 20 November?

AdrianC

Trebor000 wrote: »

Second question, if it's 1 month and the rental is say 21st to 20th. I give notice say today or anyday before 21 October, we pay Octobers rent on the 21st and then leave by 20 November?

Yup, that's it.

ThePants999

Dig out your original contract and quote it for us. Whether it overrides the statutory 1 month notice period depends on what it says.

Trebor000

I only have a scan so difficult to type out. Is there a phrase/wording I should watch out for?

The key parts that appear relevent

Term for 18m and the dates.

Termination - must give 2 month's notice no earlier than the 12 month point.

The s21 stating requiring possession at the 18m point.

There is nothing about renewing or what happens at the end.

G_M

If the original tenancy agreement says nothing about what happens at the end of the fixed term, then you have a Statutory Periodic Tenancy.

If the original tenancy agreement specifies what happens at the end of the fixed term, then you have a Contractual Periodic Tenancy.

With a SPT you must give a full tenancy periods notice. If your periods run from 21st - 20th, then you must serve notice on/before the 20th, to expire on 20th of the following month.

With a CPT, notice is whatever the contract specified.


For more, see
* 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?


To be clear:

Second question, if it's 1 [STRIKE]month[/STRIKE]tenancy period and the rental is say 21st to 20th. I give notice say today or anyday before 21 October, we pay Octobers rent on the 21st and then leave by 20 November?

correct

dimbo61

You only need to give one month's notice However I am sure that after 12 years the LL will be OK as long as you keep them informed.
I would also guess that the LL will want to do some work on the property so giving them plenty of time helps them to book decorators and other trades people.
Make sure the property is clean and you clear all your stuff

G_M

dimbo61 wrote: »

You only need to give one month's notice

True if notice is served on exactly the right date (20th). If notice is served earlier eg 18th, the notice period will be more than one month since the requireent is for a full tenancy period.


This might sound pedantic, and unecessary where there's a good relationship, but if push comes to shove, and tenant and landlord fall back on the law, the distinction becomes important.