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  • FIRST POST
    • bonfire1966
    • By bonfire1966 6th Mar 18, 6:56 AM
    • 40Posts
    • 12Thanks
    bonfire1966
    3 months notice.
    • #1
    • 6th Mar 18, 6:56 AM
    3 months notice. 6th Mar 18 at 6:56 AM
    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.
    Itís 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 Iím not living in!
Page 1
    • juniordoc
    • By juniordoc 6th Mar 18, 7:05 AM
    • 364 Posts
    • 286 Thanks
    juniordoc
    • #2
    • 6th Mar 18, 7:05 AM
    • #2
    • 6th Mar 18, 7:05 AM
    You need to give one full rental periods notice I think so depends how frequently you have been paying the rent.
    • Smodlet
    • By Smodlet 6th Mar 18, 7:08 AM
    • 3,168 Posts
    • 6,289 Thanks
    Smodlet
    • #3
    • 6th Mar 18, 7:08 AM
    • #3
    • 6th Mar 18, 7:08 AM
    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.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • bonfire1966
    • By bonfire1966 6th Mar 18, 7:16 AM
    • 40 Posts
    • 12 Thanks
    bonfire1966
    • #4
    • 6th Mar 18, 7:16 AM
    • #4
    • 6th Mar 18, 7:16 AM
    You need to give one full rental periods notice I think so depends how frequently you have been paying the rent.
    Originally posted by juniordoc
    My rent is paid monthly.
    What you are saying is what I undrstood.
    • bonfire1966
    • By bonfire1966 6th Mar 18, 7:19 AM
    • 40 Posts
    • 12 Thanks
    bonfire1966
    • #5
    • 6th Mar 18, 7:19 AM
    • #5
    • 6th Mar 18, 7:19 AM
    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.
    Originally posted by Smodlet
    Thanks. This is what I thought. I will try try the cab just in case.
    • saajan_12
    • By saajan_12 6th Mar 18, 8:28 AM
    • 1,251 Posts
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    saajan_12
    • #6
    • 6th Mar 18, 8:28 AM
    • #6
    • 6th Mar 18, 8:28 AM
    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
    • By Smodlet 6th Mar 18, 8:44 AM
    • 3,168 Posts
    • 6,289 Thanks
    Smodlet
    • #7
    • 6th Mar 18, 8:44 AM
    • #7
    • 6th Mar 18, 8:44 AM
    I'm pretty sure G_M's guide covers that, saajan_12, but thank you for the clarification.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • saajan_12
    • By saajan_12 6th Mar 18, 8:48 AM
    • 1,251 Posts
    • 873 Thanks
    saajan_12
    • #8
    • 6th Mar 18, 8:48 AM
    • #8
    • 6th Mar 18, 8:48 AM
    I'm pretty sure G_M's guide covers that, saajan_12, but thank you for the clarification.
    Originally posted by Smodlet
    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
    • By bonfire1966 6th Mar 18, 12:47 PM
    • 40 Posts
    • 12 Thanks
    bonfire1966
    • #9
    • 6th Mar 18, 12:47 PM
    • #9
    • 6th Mar 18, 12:47 PM
    Hi thanks for your replies. Iíve checked the the contract and it states that after the fix term it goes to a statutory periodic tenancy running month to month.
    • Comms69
    • By Comms69 6th Mar 18, 1:36 PM
    • 2,970 Posts
    • 2,939 Thanks
    Comms69
    In which case it is 1 rental period (typically a month)
    • Smodlet
    • By Smodlet 6th Mar 18, 2:56 PM
    • 3,168 Posts
    • 6,289 Thanks
    Smodlet
    Think you have your answer, bonfire, plus links to prove it. Go sort your LL!
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • bonfire1966
    • By bonfire1966 6th Mar 18, 3:07 PM
    • 40 Posts
    • 12 Thanks
    bonfire1966
    Thanks so much everyone. I certainly will sort out my land lord. Best wishes to all.
    • Smodlet
    • By Smodlet 6th Mar 18, 3:26 PM
    • 3,168 Posts
    • 6,289 Thanks
    Smodlet
    Would be interested to know how you get on please, bonfire. Too often we never hear how/if our input was of any use and, more to the point, there are always others in your exact circumstances who could benefit from your experience. I think that is the point of a forum, really although going off topic is a common sin of which I am guilty.

    Thank you for raising the issue and best of luck.
    What is this life if, sweet wordsmith, we have no time to take the pith?
    Every stew starts with the first onion.
    I took it upon myself to investigate a trifle; it had custard, jelly, soggy sponge things...
    • bonfire1966
    • By bonfire1966 6th Mar 18, 5:53 PM
    • 40 Posts
    • 12 Thanks
    bonfire1966
    Thank you Snodllet. Iíve received lots of help over the years from these forums. There are some amazing people on here without whom I would have probably cracked up!!
    I will see how I get on and let you know. !!!128512;
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