Periodic Contract, 1 or 2 months notice?

jeid2018

Hope someone can help please, I have tried searching to find a similar situation, but I can't seem to find it.


Our contract ended in the property we're in in April 2019, we were never contacted about a renewal so I made contact with the letting agent and they confirmed that we would now continue in a periodic contract.


We're now looking to move on and the letting agent have told me that due to section 8 in my tenancy agreement, I have to give 2 months notice from the tenancy start date which is the 16th, so if I gave it tomorrow, my leave date would be 16th January, if I gave it a day after, I would be responsible to pay the rent here until 16th February.


Even though this contract ended in April 2019, do the same clauses apply?


Is it only when this kind of clause is not in a contract that the 1 month notice is the case.


Can anyone confirm if I do have to give the 2?


This is what my contract states:


8.


The following are SPECIAL or ADDITIONAL CLAUSES negotiated between the parties.

(Examples might be: clauses relating to Pets or Animals, Smoking, Break Clauses,
Rent Review clause, permitted occupiers, additional charges etc)

If there are no special or additional clauses please draw a diagonal line through the blank space of this section

End of tenancy

Two months’ notice is to be given in writing by either party at month ten of the tenancy agreement to vacate at month 12.


Many thanks in advance!

G_M

How long was the initial fixed term contract? 12 months? Exact start and end dates please.


Assuming 12 months, then clause 8 applies only to the ending of the fixed term ("at month ten of the tenancy agreement to vacate at month 12.").

Is there any clause within the tenancy agreement that describe what happens after the fixed term? Does it say, or imply, that a CPT follows? If not, then a SPT follows.

For the difference, and explanation of notice, 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?

jeid2018

It was a 12 month fixed term assured shorthold tenancy agreement


1.9
Initial TERM of the tenancy will be :
12 Months
COMMENCEMENT date; from and including :
16 April 2018
EXPIRY date; to and including :
15 April 2019


There is nothing in the contract at all mentioning what happens at the end.


The e-mail response I got today was as follows:


With regards to your enquiry today for your plans to vacate.

Please referrer to your tenancy agreement that is now on periodic, Section 8 does confirm that 2 months written notice can be given at month 10, your written notice date would run in line with your tenancy start date ie the 16th of the month, if you were to give your notice tomorrow 16th November your vacate date will be 15th January 2020

Is what she saying incorrect? That clause would only apply to that fixed term contract?

System

What she is saying is indeed incorrect. Just tell her that section 8 applied during the fixed term and as you are now in a SPT, you are giving the required one months' notice to vacate on 15th December 2019. This must be done tomorrow or else you'll have to vacate on the 15th of January.

Edited to add: She has screwed up the original lease by writing in "month ten". She might argue, but I can't see anyone being able to enforce what she "meant". It is quite clear in law:

Statutory Periodic Tenancy & Rent Periods

The SPT will include all the terms of the original contract, except that any provision in the agreement (contract) made by the landlord or tenant about ending that tenancy shall have no effect – for example “the tenant must give 2 months’ notice”, cannot be enforced. (Housing Law Handbook Ed. 3, (3.49)).

G_M

jeid2018 wrote: »

...
Is what she saying incorrect? That clause would only apply to that fixed term contract?

Yes.Incorrect. That clause would only apply to that fixed term contract.


In a SPT you must serve one full tenancy period expiring at the end of a period. Since your monthly periods now run from 16th to 15th of each month, if you serve notice today 16th, notice will expire on 15th december.


Note, many landlords/agents believe notice must be served on or before the last day of a period (in your case the 15th), however the case of Crate -v- Miller [1947] established that notice can be served on the last, or first, day of a period (so 16th is OK).


Note that 'serving' notice = delivery by hand to the specified address, or posting 1st class 2 working days earlier (so toolate for you to use the post unless you wish to end the tenancy on 15th January).