Advice on serving notice

Leolion1977

Hi all, 

I recently entered into a periodic tenancy, after being on 12 month fixed term tenancies at the property for many years, which  always renewed on the 22nd of Jan. However my LLs decided not to renew (they are selling the flat, they have not yet served notice) and I have entered into a rolling periodic tenancy. Rent is due on the 22nd of every month. I wish to serve notice myself soon and need some guidance.

The two bits from my tenancy agreement which seem relevant are as follows: 

1. The tenancy shall be from and including the 22nd day of January 2021 (“the Commencement Date”) to and including the 21st day of January 2022 and thereafter from month to month and until terminated by either party serving a notice on the other in accordance with this Agreement (“the Expiration Date”), “the Term”. . 

• 9.9.4 
  At the end of the initial fixed term as specified in clause 2 hereof, and no further tenancy has been entered into by the parties, the Term shall continue on a month by month basis until either party shall serve on the other a written notice to bring the same to an end. Such notice shall, when served by the Landlord, should expire not less than two months after the same shall have been served on the Tenant.
  

Can people advise me on how to serve notice. Am I correct in thinking I have to provide minimum 1 month notice. Is so, am I correct in thinking this would need to end on the 21st of a given month. E.g if I served notice I would say: “I am giving 1 month's notice to end my tenancy as required by law. I will be leaving [property address] on March 21st, 2022.”

Thanks so much in advance!

canaldumidi

Does the contract not specify notice to be served by the tenant? If it does, you must serve notice as specified.

If not, and assuming there is no other indication that this became a Contractual Periodic Tenancy, then the requirements of a Statutory Periodic Tenancy apply:

One full tenancy period aligned with the periods ie served on/before 22nd Feb to expire on 21st March

More here:

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?

Leolion1977

Oops, I missed out the part about notice served by the tenant, so sorry! It should say: 

At the end of the initial fixed term as specified in clause 2 hereof, and no further tenancy has been entered into by the parties, the Term shall continue on a month by month basis until either party shall serve on the other a written notice to bring the same to an end. Such notice shall, when served by the Landlord, should expire not less than two months after the same shall have been served on the Tenant. In the case of a notice served by the Tenant, such notice should expire no less than one month after service of the same on the Landlord.

Does the above paragraph this make it it a contractual periodic tenancy by the way? In which case am I correct in thinking that my notice would need to end on the 21st of a given month?  If I served notice could I say: “I am giving 1 month's notice to end my tenancy as required by law. I will be leaving [property address] on March 21st, 2022.”

Thank you so much.

canaldumidi

Leolion1977 said:

...... In the case of a notice served by the Tenant, such notice should expire no less than one month after service of the same on the Landlord.

Does the above paragraph this make it it a contractual periodic tenancy by the way? In which case am I correct in thinking that my notice would need to end on the 21st of a given month?  If I served notice could I say: “I am giving 1 month's notice to end my tenancy as required by law. I will be leaving [property address] on March 21st, 2022.”

Thank you so much.

It is a litle ambiguous, in which case courts tend to interpret to the advantage of the party who did not draft it. Hence I would interpret:

* yes it's a CPT

* since the contract requires "no less than one month" with no reference to tenancy periods, I believe a calander month suffices

* so notice served, say, tomorrow (5 Feb) could expire on 4th March.

* however as tenancy periods are indivisible, rent would still be due till 21st

Confused? Me too. For the avoidance of potential argument either discuss a mutually agreeable end date (with rent charged pro rata) and get it confirmed in writing, or do as you suggest above, aligning with the 22nd-21st periods (which is the requirement for a SPT).

Leolion1977

Thanks so much for your advice )