Help... ! Query on legal terms in rental renewal

Andyhhh

Dears MSE's

Im just coming to the end of a years rental on the flat Im renting.

I have agreed with the landlady (who has been a very difficult to deal with over the tenancy) that I will continue renting - but with 2 mths notice from her and 1 mths notice from me. (its was 2 & 2 on the first years rental)

I have just received a letter from the managing agent and its very unclear as to what the notice period is.:
A statutory periodic tenancy can be created by default or by intent. Once created it will continue until either the parties enter into a new fixed term agreement, or one of the parties give notice to end the tenancy. Until such time the tenancy will continue on the same terms and conditions of the last executed tenancy agreement, with the exception of any release clauses specified under ‘Special Tenancy Conditions’. These will cease to exist and new rules will apply.

Under the Housing Act 1988 a landlord must serve notice equivalent to at least two periods of the tenancy. Under Common Law, the tenant is only required to serve notice equivalent to one period of the tenancy. For this tenancy, notice must run from the First of any month, allowing sufficient time for service (see Point 4 – “The Term”, in the last executed agreement). Such notice must be in writing and be received by either the landlord or ourselves by the tenancy period date from which it is to commence


For the previous year I could give notice at any time in the month.

Does the terms to this extension to the rental mean that if I give notice on the 15th Of Feb, that notice only comes into effect on the 1st March for a 31st of March end of Tennacny?

Therefore its not really 1 months notice from me, more like between 1 and two months notice, Dependant on the day of the month that I give notice !

If so that is not what I had agreed with the landlady.

Is there any reason why I cannot say, ' no - its 1 months notice, irrespective of the day of the month notice is given ?

Any replies will be much appreciated.

Thanks

Debt_Free_Chick

What is the purpose of the letter from the agent?

The Agent is right - but he is explaining the notice you have to give if you are on a statutory periodic tenancy (SPT). Once you get to the end of the fixed term in your current agreement, you will be on an SPT automatically - if a new agreement has not been signed.

Let's say that your fixed term ends on 10 February and there is no new agreement in place. In this case, if you give notice on 15th February, then the notice period doesn't start until 11 March - as your tenancy period (the period covered by the rent) runs from the 11th day in one month to the 10th day in the next.

Under an SPT, your notice must cover one complete tenancy period i.e. from 11th day in one month to the 10th day in the next month. So the notice you give on 15 Feb would start on 11 March and end on 10 April. You will be liable for the rent up to 10 April.

It sounds as though your tenancy period starts on the 1st of the month so notice given on 15 Feb would start on 1 March and end on 31 March.

What exactly did your original agreement say about you giving notice? It wouldn't normally be necessary to include anything, as you rent for a fixed term (12 months) .... unless you had a break clause?

Lavendyr

Yes, it's statutory (law) to give one month's notice to expire at the end of a rental period. Same for her - she has to give you two months' notice expiring at the end of a rental period.

Andyhhh

Jeeze, I wasnt aware of that.!

My original contract was for 12mths, which expires on the 29th Feb, but with a break clause of 2 mths for both her and I.

I did not realise that I could not give 1 months notice at ANY time and only be liable for 4 weeks rent from that point onwards.

So I will be liable for anywhere between 1 months (if notice is given on the First of the month) and 1 month and 30 days? Have I got it right now...?!

Many thanks

Andy

Debt_Free_Chick

Andyhhh wrote: »

Jeeze, I wasnt aware of that.!

My original contract was for 12mths, which expires on the 29th Feb, but with a break clause of 2 mths for both her and I.

I did not realise that I could not give 1 months notice at ANY time and only be liable for 4 weeks rent from that point onwards.

So I will be liable for anywhere between 1 months (if notice is given on the First of the month) and 1 month and 30 days? Have I got it right now...?!

Many thanks

Andy

Yes- but ONLY when you are on an SPT i.e. once the agreement ends and in the absence of any other agreement being signed.

If are in the fixed term of the agreement, then the notice period is covered by whatever is in the agreement. So it could say two calendar months notice or it could say two tenancy periods. The two months you are referring to is to end the agreement early.

The one month under the SPT is to vacate, when there is no longer an agreement.

Hope this is clear - post back if not

Andyhhh

Many thanks DFC, you are a complete star.!!

For clarity, Id just like to pose through a couple of scenarios...! (things are a little fluid around here on the housing front and I need to keep my options open - or at least understand them !

1 If I dont sign a SPT this month (29th Feb expiry of the AST) do I presume that from the 1st Feb, I'm automatically on the 1 complete period notice period rule ?

2 If I do sign a SPT now, but give notice on the 1st Feb, will my tenancy end on the 29th Feb ?

3 If I sign a SPT now and give notice between the 2nd and the 29th Feb, will my tenancy end on the 31st March ?

The landlord had tried to tie me into a 2 & 2 month notice period for the SPT and I said I thought that was more notice than normal for an SPT/extension. Am I correct in thinking what I am now being offered (2 and 1 months notice) is pretty standard for a run on extension to an AST ?

Many thanks, - what a service around here !

Debt_Free_Chick

Andyhhh wrote: »

Many thanks DFC, you are a complete star.!!

For clarity, Id just like to pose through a couple of scenarios...! (things are a little fluid around here on the housing front and I need to keep my options open - or at least understand them !

1 If I dont sign a SPT this month (29th Feb expiry of the AST) do I presume that from the 1st Feb, I'm automatically on the 1 complete period notice period rule ?

You don't sign an SPT. An SPT is what you get if there is no new agreement. In the absence of any new agreement, at the end of the fixed term in a current agreement, the tenancy - by "statute" (law) - becomes a period one .... a Statutory Periodic Tenancy. "Periodic" is defined by the period covered by the rent in the old agreement.

So ... if you sign nothing ... then you go onto an SPT when the fixed term in the current agreement expires ... if that date is 29 February (or 28 February??) then you will be on an SPT from 1 March.

2 If I do sign a SPT now, but give notice on the 1st Feb, will my tenancy end on the 29th Feb ?

If you want to give notice on 1 Feb, you must do so within the terms stated in the current AST. You'll need to post the full wording of the break clause in the current agreement so we can confirm what you can or can't do.

3 If I sign a SPT now and give notice between the 2nd and the 29th Feb, will my tenancy end on the 31st March ?

See (2) ... if you want to give notice before the end of the fixed term in the current agreement, you must do so in accordance with the terms of the current agreement ... and we need to know what they are.

The SPT and the notice period, covering the "tenancy period" is only relevant once the current agreement expires ... and only applies if you do not sign a new agreement.

The landlord had tried to tie me into a 2 & 2 month notice period for the SPT and I said I thought that was more notice than normal for an SPT/extension. Am I correct in thinking what I am now being offered (2 and 1 months notice) is pretty standard for a run on extension to an AST ?

Many thanks, - what a service around here !

I rather suspect that the LL was trying to to tie you in to new terms in a new agreement. The LL cannot vary the statutory terms that you get, if you are on an SPT.

Think of the situation this way .... if you are in the fixed term covered by a tenancy agreement, your notice is given in accordance with that agreement. If you are outside the fixed term of the current agreement, then there is "no agreement" and you are governed by the law (statute) as it applies to an SPT.

HTH