Periodic tenancy (I think).. what's my notice period?

[Deleted User]

Hi everyone,

My boyfriend and I have been living in our house for close to 5 years but need to relocate and are on the hunt for another rental property. We are hoping to find somewhere soon but don't want to give notice until we've found somewhere.

The issue is that we are unclear how much notice we need to give.

We signed an Assured Shorthold Tenancy Agreement before we moved in. 'The term' states it is for a fixed period of 12 months ending on 27/11/2015.

Under the 'Notices' heading it states:

31.1 When a notice to quit is to be served, both the Landlord and the Tenant must serve notice no less than two months prior to the date that the party serving the notice wishes the Agreement to come to and end.

I've read our AST agreement automatically turns into a periodic tenancy. Nothing in the contract mentions that, or anything else so I'm confused about this and unsure if we need to give 2 months notice.. or 1?

Under the notices section there is a box where I assume my Landlord's address should be stated but it is blank. It reads '...and if served on the Landlord or his Agency should be served at...' We know our landlord's phone number but not her address or email.

G_M

smidge_smudge wrote: »

The issue is that we are unclear how much notice we need to give.

We signed an Assured Shorthold Tenancy Agreement before we moved in. 'The term' states it is for a fixed period of 12 months ending on 27/11/2015. You now have a periodic tenancy - either a CPT or SPT see link below.

Under the 'Notices' heading it states:

31.1 When a notice to quit is to be served, both the Landlord and the Tenant must serve notice no less than two months prior to the date that the party serving the notice wishes the Agreement to come to and end.
This suggests you have a CPT.


I've read our AST agreement automatically turns into a periodic tenancy. Nothing in the contract mentions that, or anything else so I'm confused about this and unsure if we need to give 2 months notice.. or 1?
If the contract does not specify what happens at the end of the fixed term, a SPT arises. Though se my comment above!


Under the notices section there is a box where I assume my Landlord's address should be stated but it is blank. It reads '...and if served on the Landlord or his Agency should be served at...' We know our landlord's phone number but not her address or email.

Is there, anywhere in the contract, an address "for the serving of notices" on the landlord? If not, you need not pay rent.


* 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?

[Deleted User]

Thanks for your response.

There is no address listed under the notices section (the box in this section is blank).

Is there any other way we can check if it's a CPT? Ideally we want to avoid having to give two months' notice and want to be 100% sure.

There is no address or contact details on the contract for my landlord, just her signature.

G_M

smidge_smudge wrote: »

Thanks for your response.

There is no address listed under the notices section (the box in this section is blank).

Is there any other way we can check if it's a CPT? Ideally we want to avoid having to give two months' notice and want to be 100% sure.
Yes. Wait for a court to make a ruling. That is the only definitive way to find out. But by specifying notice, clause 31.1 implies that a CPT will follow the fixed term.


Though the context of 31.1 may be significant eg if it relates to ending the fixed term itself. What is the context of clause 31.1? Is there a subject heading for section 31 for example?


There is no address or contact details on the contract for my landlord, just her signature.

Have you ever been given, in writing, anywhere, an address for serving notices on the landlord? At top of the tenancy agreement? At the end? On a separate letter or document?

[Deleted User]

It's nowhere in the contract. The landlord emailed her address to us in the past, but she moved a few years ago and never told us her new address.

[Deleted User]

Here's 3.1 in full:

31 Notices

Any notice to be served under this Agreement may be delivered by hand or may be sent by registered post, recorded delivery, fax or email. If served on the Tenant, a notice should be served at the Property or sent to any fax number or email address intimated by the Tenant, and if served on the Landlord of his Agent should be served at:

[blank box]
or sent to any fax number of email address intimated by the Landlord or his Agent.

31.1 When a notice to quite is to be served, both the Landlord and the Tenant must serve notice no less than two months prior to the date that the party serving the notice wishes the Agreement to come to an end.

31.2 The Tenant can not serve notice (unless the Landlord has broken the Agreement) no sooner than a six month term of this Agreement has passed.

31.3 The Landlord can not serve notice (unless the Tenant has broken the Agreement) no sooner than a six month term of this Agreement has passed.

[Deleted User]

I’ve just been told by my boyfriend that her new address is on the gas safety certificate but she’s never given the address to us directly.

G_M

So:
1) you were given an address by email. There's some debate as to whether email suffices, however the contract specifically states:

Any notice to be served under this Agreement may be delivered by hand or may be sent by registered post, recorded delivery, fax or email

. So I believe that satisfies the LL & T Act. The fact that the LL has since moved is immaterial since
a) presumably the email address has not changed and
b) even if a postal address was used, failure to update the address following a move, that is the LL's problem, not yours

2) You originaly had a 12 month contract. Sections 31.2 & 31.3 both refer to notice during the fixed term (after 6 months) not after the fixed term. If as you say there is no other mention of what happens after the fixed term, then a SPT will arise.

Notice is therefore one full tenancy period expiring at the end of a period (27th of the month- assuming the fixed term started on the 28th)

[Deleted User]

G_M wrote: »

So:
1) you were given an address by email. There's some debate as to whether email suffices, however the contract specifically states:

. So I believe that satisfies the LL & T Act. The fact that the LL has since moved is immaterial since
a) presumably the email address has not changed and
b) even if a postal address was used, failure to update the address following a move, that is the LL's problem, not yours

2) You originaly had a 12 month contract. Sections 31.2 & 31.3 both refer to notice during the fixed term (after 6 months) not after the fixed term. If as you say there is no other mention of what happens after the fixed term, then a SPT will arise.

Notice is therefore one full tenancy period expiring at the end of a period (27th of the month- assuming the fixed term started on the 28th)

Thank you, you've been very helpful.