AST ended/ giving notice

TeeAy

I'm renting a room in an HMO on an assured tenancy agreement and want to understand about the notice period. 

I believe I need to give 2 months notice  - under the heading 'Break clause'  it says  "the landlord/tenant may determine the tenancy at any time after the initial 6 month period by giving 2 months notice in writing".   This is from the most recent agreement for a 1 year term ending September 2023.

As it's now 6 months past the 1 year ending does this reduce or have any other effect on the notice period? 

Also, am I required to give notice just prior to the advance monthly rent payment or can I do this at any point during the monthly cycle and the notice period applies from then? 

Any advice much appreciated   

theartfullodger

That clause has no effect after end of initial fixed term (see 1988 housing act)

You need to give valid notice in writing of AT LEAST one month ending on first or last day of periodic tenancy.


https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy/example_of_a_notice_to_quit#:~:text=I will be leaving [property,day this notice is served.&text=You might need to give,your tenancy agreement says so.

TeeAy

theartfullodger said:

That clause has no effect after end of initial fixed term (see 1988 housing act)

You need to give valid notice in writing of AT LEAST one month ending on first or last day of periodic tenancy.


https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy/example_of_a_notice_to_quit#:~:text=I will be leaving [property,day this notice is served.&text=You might need to give,your tenancy agreement says so.

thank you @theartfullodger, would you have a link to the relevant bit of the Housing act at all?

So I'm clear - I'm now on a periodic tenancy as the dated tenancy agreement ran out and due to this my notice period reduces to 1 month? 

If rent is due on the 15th of each month I'd need to give notice on the 14th or 15th April for the tenancy to end on the 14th May?  

theartfullodger

https://www.legislation.gov.uk/ukpga/1988/50/section/5

5(3).e

"determination" means end

 (tell Landlord it was Thatcher..).

Almost -it needs to be served  (not given.. given is when you send, served is when arrives...). IMHO ensure sent at least 5 days before needed.

Do you need a reference?

Mr.Generous

Do you have a 12 month contract, have been in 6 and want to use the break clause?

TeeAy

theartfullodger said:

https://www.legislation.gov.uk/ukpga/1988/50/section/5

5(3).e

"determination" means end

 (tell Landlord it was Thatcher..).

Almost -it needs to be served  (not given.. given is when you send, served is when arrives...). IMHO ensure sent at least 5 days before needed.

Do you need a reference?

thanks @theartfullodger for interpreting-  the legislation wording is not user friendly!  

No reference needed as I'll be moving to the property I'm currently purchasing...finally 

Quite relieved it's only 1 months notice I need to give instead of 2, as I know it's not advised to give notice on tenancy until exchange has happened.  

TeeAy

Mr.Generous said:

Do you have a 12 month contract, have been in 6 and want to use the break clause?

The most recent AST tenancy agreement ended in Sept 23 so am in periodic tenancy now

propertyrental

Careful!

The notice period is one full tenancy period (which is not the same as 1 calender month!) provided your tenancy became a Statutory Periodic when your fixed term ended.

If the tenancy agreement you last signed specified a different notice period would apply (eg 2 tenancy periods) following the fixed term, then you have a Contractual Periodic Tenancy, and the terms of the contract apply.

So you need to read the tenancy agreement in full, not just the 'Break Clause' section (which no longer applies).

theartfullodger

TeeAy said:

theartfullodger said:

https://www.legislation.gov.uk/ukpga/1988/50/section/5

5(3).e

"determination" means end

 (tell Landlord it was Thatcher..).

Almost -it needs to be served  (not given.. given is when you send, served is when arrives...). IMHO ensure sent at least 5 days before needed.

Do you need a reference?

....

Quite relieved it's only 1 months notice I need to give instead of 2, as I know it's not advised to give notice on tenancy until exchange has happened.  

Sorry but it's not one month it is AT LEAST one month ending/expiring on first or last day of tenancy period (because of Crate v Miller [1947] ).

So, for example, if periods start on 1st of month (a bad idea for other reasons..) then if served today tenant's notice would need to expire on either last day or month or 1st - so more than 7 weeks..

But  if periods start on 8th of month then if served today tenant's notice would need to expire on either 7th or 8th  - so just a little more than one month.... 

NB Period start / end date is not necessarily rent payment day.

NNB Many landlords and agents do not understand these things...