Rolling contract notice - can I give one month's notice?

DorianRae

Hi all,
I appreciate there are several threads on the notice period for a rolling contract, which I've viewed, but some appear to slightly contradict each other so it would be great to opinions on my specific situation. 

I've been in my current flat for over 5 years, on a joint tenancy with my flatmate, and have now decided to move out to live on my own. I was on a standard fixed AST contract until the middle of last summer - when this contract came to an end, we agreed via email with the landlord to go to a rolling periodic contract (this email didn't stipulate the contract type or conditions - it simply said periodic tenancy (rolling). As our fixed term contract didn't stipulate anything about a rolling contract, I believe we are statutory periodic contract? 

The notice period in our fixed term contract was 2 months. If we are indeed on a statutory periodic contract, does the 2 months from the previous contract still apply, does the law stipulate a 2 month notice period, or is it just one month notice? 

I've looked around on this quite a bit and seem to find conflicting information, so people's views would be much appreciated! 

greatcrested

Exact wording, in full, of the email please!

The notice period in your fixed term was... no notice required. A fixed term just ends. That's why it's called a 'fixed term'. So, that notice may have applied to a subsequent Contractual Periodic Tenancy. Please quote the wording exactly, and in full.

IF you have a SPT, the notice required is one full tenancy period (not one calender month).

If it's a CPT (see my comment above), it's whatever the contract says.

DorianRae

Thanks for your response! 

To confirm, the only mention of periodic tenancy is in the Terms section of the contract where it says:  'Tenancy' means the entire period the Tenant remains in the property including any extension or continuation of the contractual Tenancy or any statutory periodic tenancy arising after the expiry of the original Term.
 
The Term section simply lists the dates of the fixed term and does not mention a CPT. 

I flagged to the landlord via email that our fixed term contract had come to an end, his exact wording in the email was: 
"I’m happy for the tenancy agreement to fall onto a periodic tenancy (rolling) without putting in place another fixed term (this would be my preference)."

As this is a bit unclear, and our contract doesn't appear to say anything on the matter, it would be great to get your view on this. 

Also duly noted re: tenancy period, not calendar month. 

Slithery

Is your flatmate planning to move out as well?

DorianRae

Yes - she will be as well as the contract is joint - my understanding is that therefore if I'm terminating it, it's for both of us (she can't just get a replacement flatmate - she would need a new contract for that). The landlord wants to either to take the flat back and re-let it in a few months time, or have a separate lodger contract with her for a few months, as he will be heading out of the country at the end of summer. 

greatcrested

DorianRae said:

....  'Tenancy' means the entire period the Tenant remains in the property including any extension or continuation of the contractual Tenancy or any statutory periodic tenancy arising after the expiry of the original Term.
........his exact wording in the email was: 
"I’m happy for the tenancy agreement to fall onto a periodic tenancy (rolling) without putting in place another fixed term (this would be my preference)."

On the one had, the reference (bold above) to a SPT suggests a SPT would follow the fixed term.

On the other hand, the email exchange forms a contract, suggesting a CPT. Though the terms of any CPT (eg notice required) are unspecified). Though I note you have failed to provide the requested quote relating to '2 months notice' in the original contract - this may be relevant).

Where a contract is ambiguous, courts generally interpret them to the advantage of the party whodid not draft it (here, the tenant). So in your position I would asume a SPT and give one full tenancy period notice, ensuring you get the dates right and serve in good time ('serve' = date received, not date sent).

theartfullodger

You can give 1day notice if your Landlord agrees.

DorianRae

Thanks all. To confirm regarding the contract's wording around giving notice, it says:
"Either party shall have the right to terminate this Agreement by giving the other party not less than 60 days' advance written Notice. In the case of the Tenant, such Notice will only be effective if sent by recorded delivery to XX. This Notice can only expire after the first six months of the Tenancy."

Does that provide any more clarity of whether it's a SPT or CPT? 

As context, I have served notice to my landlord via email (he confirmed receipt of notice via text) and my landlord has said he is happy to try and be flexible, but I just want to ensure that I understand what legal ground I'm on, in case he (or my flatmate) decide they want to try for the two month notice. 

dimbo61

After 5 years why not speak or message your Landlord 

oldbikebloke

DorianRae said:

Thanks all. To confirm regarding the contract's wording around giving notice, it says:
"Either party shall have the right to terminate this Agreement by giving the other party not less than 60 days' advance written Notice. In the case of the Tenant, such Notice will only be effective if sent by recorded delivery to XX. This Notice can only expire after the first six months of the Tenancy."

Does that provide any more clarity of whether it's a SPT or CPT? 

As context, I have served notice to my landlord via email (he confirmed receipt of notice via text) and my landlord has said he is happy to try and be flexible, but I just want to ensure that I understand what legal ground I'm on, in case he (or my flatmate) decide they want to try for the two month notice. 

as others mentioned, the courts would look it as you are now on a SPT since there is no wording that categorically can be interpreted as creating a CPT
you need to give one rental period's notice - do you know what that means?
if not, read this: https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy

DorianRae

Thanks all - I appreciate your input. I do have a good relationship with my landlord - I just find that sometimes when money gets involved, it's good to understand the legal basis you stand on with regards to money owed. I have given notice of at least one rental period, so that is all fine. 
Now the bigger question is will I indeed be able to move in a month or will covid eventually shut everything down!