Ending Tenancy - SPT - Questions

dg121

I've been reading a bit on here regarding Statutory Periodic Tenancy agreements and just want to clarify I understand correctly and some questions.

I'm currently in a SPT as our fixed term ended back at the end of May. I've since become a bit unhappy where I am and want to leave. I live with 2 other people on an AST agreement.

My understanding is that any one (i.e. me) can give notice to the Landlords service address to end the contract and it ends for everyone. Is there any way for the other two flatmates to protest or challenge this? Lastly, regarding the dates of notice, if my contract runs 1st day to last day of the month, do I have to give notice by the last day of this month to end if at the end of December, or if I give notice on the 1st December will it still end on the 31st December? Legally, is notice considered served so long as it arrives at the Landlords service address by the correct day, regardless of when he picks it up and reads it? I will of course be sending it recorded delivery to prove delivery date.

Thanks in advance for clarifying the above.

[Deleted User]

dg121 said:

I've been reading a bit on here regarding Statutory Periodic Tenancy agreements and just want to clarify I understand correctly and some questions.

I'm currently in a SPT as our fixed term ended back at the end of May. I've since become a bit unhappy where I am and want to leave. I live with 2 other people on an AST agreement.

My understanding is that any one (i.e. me) can give notice to the Landlords service address to end the contract and it ends for everyone. Is there any way for the other two flatmates to protest or challenge this? Lastly, regarding the dates of notice, if my contract runs 1st day to last day of the month, do I have to give notice by the last day of this month to end if at the end of December, or if I give notice on the 1st December will it still end on the 31st December? Legally, is notice considered served so long as it arrives at the Landlords service address by the correct day, regardless of when he picks it up and reads it? I will of course be sending it recorded delivery to prove delivery date.

Thanks in advance for clarifying the above.

If you send your notice by first class post (make sure you get proof of postage) then a court will deem it delivered 2 working days later.  It doesn't matter when your landlord gets round to reading it.

You don't have to give your notice so that it is served exactly one rental period before you want to end the tenancy.  If your rental periods (rental periods align with the date your tenancy started) go from 1st of the month to the end of the month then there's nothing stopping you from serving notice now to end the tenancy 31st December.  In fact if that's what you're planning you should get your skates on serve notice asap.  I believe there has been quite a bit of debate on the forum before about whether, in your case, the notice can be served 30th November or 1st December and the tenancy still end 31st December.  I can't remember the legal ins and outs of the discussion but either way I wouldn't chance it.  I'd rather be a bit early.

You serving notice will end the tenancy for all joint tenants.  However, you will all need to leave the property unless the remaining two choose (and the landlord agrees) to them signing a new agreement with those who wish to remain.  If they don't/won't sign a new agreement and won't leave then the landlord could charge you double rent under the Distress for Rent Act 1737.  This means you really need to get the other joint tenants on side rather than springing it on them.  

saajan_12

dg121 said:

I've been reading a bit on here regarding Statutory Periodic Tenancy agreements and just want to clarify I understand correctly and some questions.

I'm currently in a SPT as our fixed term ended back at the end of May. - what date? I've since become a bit unhappy where I am and want to leave. I live with 2 other people on an AST agreement. 

My understanding is that any one (i.e. me) can give notice to the Landlords service address to end the contract and it ends for everyone. Is there any way for the other two flatmates to protest or challenge this? - correct, you can serve notice on behalf of all the tenants. However note by this notice, you are saying "we will all vacate by X date". If you don't ALL vacate (including all property), then you have breached your notice and the LL can claim double rent from any/all of you. It would be up to the tenants to sort out how to split this between them. 
Lastly, regarding the dates of notice, if my contract runs 1st day to last day of the month, do I have to give notice by the last day of this month to end if at the end of December, or if I give notice on the 1st December will it still end on the 31st December? - Typically a the assumption has been end of month -> end of month, but I believe there is case law where 1st -> last of month has been accepted. To be safe, why not serve notice a few days earlier though? 
Legally, is notice considered served so long as it arrives at the Landlords service address by the correct day, regardless of when he picks it up and reads it? I will of course be sending it recorded delivery to prove delivery date. - Just send it by regular 1st class post, but do it in a post office so you can get a receipt proof of postage. That will be deemed to be served 2 working days later. The various recording and signed for options leave room for the LL to refuse to sign, in which case it wouldn't be deemed served. 

Thanks in advance for clarifying the above.

The key is by serving notice, you speak for The Tenants. You therefore are certifying you'll vacate the property on the expiry date. Vacate means empty.. you can't then leave a flatmate / child / dog / stuff there. So if you breach that, there can be penalties, namely double rent. 

If you're thinking about this, I'd also think about / discuss the agreement between the flatmates. These are often just verbal so all the more reason to make sure everyone is on the same page. Presumably you're agreeing to each pay 1/3 (or some %) of the rent, but how long was this agreement? If one person wants to leave, do they have to let the others know, who looks for a replacement tenant, or does everyone move out, etc etc. If you haven't discussed these things, then I'd suggest you do it now, and before you take on any future joint tenancy. 

dimbo61

Please don't send notice recorded delivery as the Landlord may not sign for it or be out when the postie arrives.
Just normal post with proof of posting.
You could also back this up with an email,text or WhatsApp messenger if your landlords contact your group via that.
Write a letter is the legal requirement unless other forms of communication have been agreed. 
Have you told your other flatmates ?

dg121

Thanks guys for the replies and the helpful tips regarding first class post rather than signed for.

Reason I'm leaving is a disagreement and breakdown with the other tenants. It's not a happy place so I want to depart. I could discuss it with them but I'm fairly confident they will be of the opinion I should find myself a replacement. This is just a general understanding they assume is there though but as far as I'm concerned I have no obligation to do this or anything beyond my contract, and resent the idea of being held into a month by month thing under such circumstances. Not really a lot of options there for me in that regard as they'll likely be resistant either way.

saajan_12

dg121 said:

Reason I'm leaving is a disagreement and breakdown with the other tenants. It's not a happy place so I want to depart. I could discuss it with them but I'm fairly confident they will be of the opinion I should find myself a replacement. This is just a general understanding they assume is there though but as far as I'm concerned I have no obligation to do this or anything beyond my contract, and resent the idea of being held into a month by month thing under such circumstances. Not really a lot of options there for me in that regard as they'll likely be resistant either way.

Well if the contract you refer to is the tenancy agreement, that is NOT a contract between you and your housemates. It only covers agreements between the Tenants collectively and the Landlord, it wouldn't specify which one of you will do what. 

You say you have no obligation to find a replacement and you serve notice. They may say they have no obligation to you to leave when the notice expires, meaning the LL can claim double rent from any of you.. if you shoulder some of that extra rent, what basis will you use to claim it off the housemates? The tenancy agreement doesn't cover which of you should pay it, and you say there's no other obligations between the housemates.. 

dg121

Right, so would it just be split between the three tenants equally in that regard? Otherwise its effectively a never ending contract?

[Deleted User]

dg121 said:

Right, so would it just be split between the three tenants equally in that regard? Otherwise its effectively a never ending contract?

You’re joint tenants meaning you each have joint and several liability for the whole rent. 

dg121

Yes that was my understanding. Essentially so none of us would want to stay beyond as we'd all be jointly and severally liable.

saajan_12

dg121 said:

Right, so would it just be split between the three tenants equally in that regard? Otherwise its effectively a never ending contract?

No, you're jointly liable for all obligations under the tenancy, including full rent, all damages etc. The LL can chase any one / two / three of you for the full amount. This is fair because effectively, the LL agreed to let to you on the basis that 'one of you three will cover it'. One person's references may have been weaker / stronger, but the point of a joint tenancy is the LL doesn't have to worry about the split. 

It's then up to the housemates how that full amount should be split, and pay eachother back as you choose. That would be outlined in the verbal agreement / understanding you say doesn't exist. Could be everything split 3 ways regardless, could be based on who has bigger room / income, could be who caused the damage, for double rent could be who caused the double rent to be charged.. whatever you agreed among you. 

dg121

So in that case I'm in a contract I cannot get out of if people choose to hold me to it. A SPT in a jointly liable contract can end up where one person can never leave?