Statutory Periodic Tenancy/Pro-rata Rent

Curos

Hi All
At a recent house viewing, we mentioned the date that our current statutory periodic tenancy begins/ends with regard to when we would need to give notice (i.e. one clear period). The agent in question suggested that it was now possible to give notice at any time so long as it was equivalent to one period (in this case a month) and, for example, if notice was given just after the start of a period then we would just pay pro-rata rent for the few days left of the tenancy at the start of the next period, rather than having to pay for the full second (and first clear) period.

Whilst it may be possible to negotiate the above on a case by case basis with a specific landlord if they were amenable to the idea, am I right in thinking that the agent was incorrect to suggest that this was a right that we could exercise at any time? Or has something changed that I'm not aware of and this can always be done now?

Thanks in advance!

PRAISETHESUN

Depends on how it's written in your TA - I've had agreements when I've been allowed to give 1 month's notice to vacate which was allowed to be served at any time (in which case I got a pro-rata refund of the overpaid rent, or paid reduced rent for the final month) and I've had agreements where I've been required to give 1 month's notice, but it has to coincide with the monthly rental period (ie. if I pay rent on 04th of the month then my notice had to end on 03rd of the month).

RAS

Read your contract. Does it refer to a contractual or statutory periodic tenancy? If contractual, what does it say about notice periods?

MaryNB

Curos said:

Hi All
At a recent house viewing, we mentioned the date that our current statutory periodic tenancy begins/ends with regard to when we would need to give notice (i.e. one clear period). The agent in question suggested that it was now possible to give notice at any time so long as it was equivalent to one period (in this case a month) and, for example, if notice was given just after the start of a period then we would just pay pro-rata rent for the few days left of the tenancy at the start of the next period, rather than having to pay for the full second (and first clear) period.

Whilst it may be possible to negotiate the above on a case by case basis with a specific landlord if they were amenable to the idea, am I right in thinking that the agent was incorrect to suggest that this was a right that we could exercise at any time? Or has something changed that I'm not aware of and this can always be done now?

Thanks in advance!

Agent is talking nonsense. It's still dependent on your tenancy agreement. Nothing has changed that you only have to give a month's notice regardless of tenancy start date or tenancy agreement terms. You may be able to agree something with the landlord (I find offering to find a new suitable tenant makes them more amenable) or they stick to the terms or your agreement which may require a 1 or 2 month notice period that lines up with which day of the month the tenancy started.
https://www.citizensadvice.org.uk/housing/renting-privately/ending-your-tenancy/ending-your-tenancy/

Don't forget, you shouldn't give notice before you exchange so depending on your dates and how flexible parties are you need to budget for an overlap.

Curos

Thank you all, to confirm our AST is silent on what happens after the fixed term and so a statutory periodic tenancy did arise at the end of the fixed term. 
Based on what you have all said, I see that nothing significant has changed with regard to how to bring a statutory periodic tenancy to an end, which resolves my original query.