Notice period on Resident Landlord Tenancy Agreement

biscan25

Hi,
I'm in the process of buying a house and would like to minimise the crossover period where I would be paying both the rent and the mortgage.
In ASTs I've held in the past that have gone periodic, I've had to serve at least the rent period plus a day notice. 
The agreement I have signed instead states The landlord or the tenant can bring the tenancy to an end one calendar month after the date of notifying the

other party. 
Does this mean I can give notice in the middle of a period? Also, is it significant that the agreement has a fixed term, with no provision after this term has ended, which finished in June 2020?
Thanks

Comms69

Not enough info, but if the tenancy agreement is otherwise silent on the matter, i would read it as yes you can serve notice in the manner you describe

greatcrested

* which country?

* Statutory Periodic Tenancy or Contractual Periodic Tenancy (I suspect the latter)

* where in the contract does this clause appear? Is it a sub-heading? Of what? Context please.

See

Post 4: 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?

biscan25

Thanks both.
It's in England.
I'm not sure it's either. I thought the resident landlord thing would stop this being an AST.
Its in the following:Part 4. Bringing the tenancy to an end early
4.1 The landlord can bring the tenancy to an end at any time, go into the property and take it back if:
· the rent is not paid within 7 days of being due; or· the tenant does not keep to any of his responsibilities as agreed in this agreement.4.2 The landlord or the tenant can bring the tenancy to an end one calendar month after the date of notifying theother party.4.3 This is a "resident landlord" tenancy agreement because the landlord lives in the building, and the building itself is not a "purpose-built"' block of flats. (Schedule 1 paragraph 10 Housing Act 1988)The landlord agrees that the tenant may live in the property for as long as the tenancy lasts.

getmore4less

Why does it need clause 4.1 "go into the property" if the landlord is resident?

I would go with 7 days by stop paying the rent if you want a short notice period close to the rent due date. 

greatcrested

biscan25 said:

Thanks both.
It's in England.
I'm not sure it's either. I thought the resident landlord thing would stop this being an AST.
Its in the following:Part 4. Bringing the tenancy to an end early
4.1 The landlord can bring the tenancy to an end at any time, go into the property and take it back if:
· the rent is not paid within 7 days of being due; or· the tenant does not keep to any of his responsibilities as agreed in this agreement.4.2 The landlord or the tenant can bring the tenancy to an end one calendar month after the date of notifying theother party.4.3 This is a "resident landlord" tenancy agreement because the landlord lives in the building, and the building itself is not a "purpose-built"' block of flats. (Schedule 1 paragraph 10 Housing Act 1988)The landlord agrees that the tenant may live in the property for as long as the tenancy lasts.

Sorry - I saw 'AST' in your initial post and made the wrong assumption. So I assume that the landlord lives in the building, and the building itself is not a "purpose-built"' block of flats?

Then yes, 4.2 makes clear it is a calender month that is required with no alignment necessary with rental or tenancy periods.

biscan25

Thanks, yes the landlord does technically live in the house as his UK residence, is registered to vote and responsible for council tax. He works in Europe, so have only seen him a couple of times in the few years I've lived here. I'll give a calendar month's notice when I exchange as that seems fair all round, and will give me a couple of weeks to decorate the new place if I end up with 2 weeks gap between exchange/completion