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3 months notice.

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bonfire1966
bonfire1966 Posts: 45 Forumite
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in House buying, renting & selling
Hi all. Just after a little advice.
I had a 2 year fixed term tenancy Agreement with my land lord. This agreement was the standard gov. Agreement.
It ran from Feb 2015 to Feb 2017.
At the end of the fixed term I have gone into a periodic tenancy. My landlord has not spoken to me other than to say we will just carry on. I have signed no other agreement.
During the fixed term I was able to leave if I gave 3 months notice.
It’s is my understanding that I am now a month to month periodic tenant. I have recently given my landlord a months notice leave in writing. . This was accepted verbally. I am out on March 13th. Yesterday my Landlord informed me that I should have given 3 months notice!! As per the original fixed term. Can any one advise. I am obviously concerned he will demand another 2 months rent from me in a property I’m not living in!
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  • juniordoc
    juniordoc Posts: 366 Forumite
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    You need to give one full rental periods notice I think so depends how frequently you have been paying the rent.
  • Smodlet
    Smodlet Posts: 6,976 Forumite
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    http://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4

    See Section B, subsection 4.

    "A tenant can end a monthly SPT by giving at least 1 months notice in writing ending on the last (or 1st day - Crate v Miller 1947) of a Tenancy Period sent to the address "for serving notices"".

    As far as I know, this information is up to date but the CAB should be able to tell you for certain.
  • bonfire1966
    bonfire1966 Posts: 45 Forumite
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    juniordoc wrote: »
    You need to give one full rental periods notice I think so depends how frequently you have been paying the rent.

    My rent is paid monthly.
    What you are saying is what I undrstood.
  • bonfire1966
    bonfire1966 Posts: 45 Forumite
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    Smodlet wrote: »
    http://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4

    See Section B, subsection 4.

    "A tenant can end a monthly SPT by giving at least 1 months notice in writing ending on the last (or 1st day - Crate v Miller 1947) of a Tenancy Period sent to the address "for serving notices"".

    As far as I know, this information is up to date but the CAB should be able to tell you for certain.

    Thanks. This is what I thought. I will try try the cab just in case.
  • saajan_12
    saajan_12 Posts: 3,624 Forumite
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    The above posts are just one of the potential cases. For the actual notice period, you need to read your original fixed term agreement.

    Option 1: If it states anything about what happens AFTER the fixed term, then you are on a Contractual Periodic Tenancy (CPT) and the terms including notice period follow that.

    Option 2: If it is silent on what happens after the fixed term, then you are on a Statutory Periodic Tenancy (SPT) and you have to give 1 full tenancy period notice (ie 1 month in line with tenancy roll dates).
  • Smodlet
    Smodlet Posts: 6,976 Forumite
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    I'm pretty sure G_M's guide covers that, saajan_12, but thank you for the clarification.
  • saajan_12
    saajan_12 Posts: 3,624 Forumite
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    Smodlet wrote: »
    I'm pretty sure G_M's guide covers that, saajan_12, but thank you for the clarification.
    Smodlet wrote: »
    http://forums.moneysavingexpert.com/showpost.php?p=67759913&postcount=4

    See Section B, subsection 4.

    My point is its not only subsection 4 that's relevant, you're assuming OP is on a SPT which is misleading. It could be a CPT in which case the advice is different.
  • bonfire1966
    bonfire1966 Posts: 45 Forumite
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    Hi thanks for your replies. I’ve checked the the contract and it states that after the fix term it goes to a statutory periodic tenancy running month to month.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    In which case it is 1 rental period (typically a month)
  • Smodlet
    Smodlet Posts: 6,976 Forumite
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    Think you have your answer, bonfire, plus links to prove it. Go sort your LL! :money:
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