Unclear tenancy agreement regarding periodic tenancy

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  • Unclear tenancy agreement regarding periodic tenancy

    My AST ends on the 20/9 and I am trying to work out if the periodic tenancy is statutory or contractual. Basically I want to leave the property around15/10.

    The reason I am confused is that even though the periodic tenancy is mentioned in the agreement, it doesn't specify the type of tenancy and refers to both types?

    Under "Term" it states: The term is to include any extension or continuation of the fixed term or a statutory or contractual period

    Then under "ending the tenancy" it states: While the tenancy is periodic the two months written notice must expire the day before a Rent Due Date.


    Could I argue that as both types of periodic tenancy are mentioned in the agreement I could act on the more favorable statutory tenancy and only have 1 months notice?


    I hope this makes sense as I have spent hours trying to get clarification. I can't seem to find anything that definitely states the tenancy will become periodic other than the above.

    *pulls hair in confusion*

  • #2
    Some would say you need give no notice at all if you clear out and return key by 20th.

    Comment


    • #3
      A contractual periodic tenancy is if you and the landlord agree that it is. If your fixed term comes to an end the you will automatically become a periodic tenancy. If your tenancy ends on 20th of the month, then your rent period is 21st - 20th. Therefore you will need to give 1 months notice BEFORE the 21st. I would suggest you give your months notice asap in writing and via email and at the very latest 17/18th of this month.

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      • #4
        I disagree. You have a CPT requiring min 2 month Notice.
        It would be for LL to pursue you for Breach of Contract if you chose the SPT option

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        • #5
          Thank you for your replies.

          I have checked the tenancy agreement again and again but I can't find anything stating what happens after the AST ends. Doesn't there need to be something about this in the agreement for it to be contractual? As in once the AST is over that the tendency automatically becomes a periodic tendency if the ATS is not renewed?

          All I have found are the sentences above and they are vague.

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          • #6
            Just noticed it is 15th October you want to move. Then give a month's notice on 20th Sept, surely?

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            • #7
              Originally posted by mariner View Post
              I disagree. You have a CPT requiring min 2 month Notice.
              Nothing suggests this in what OP quoted.

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              • #8
                There must be more in the tenancy agreement than you have quoted as you say it ends on 20-Sep. What wording defines the term?

                Comment


                • #9
                  I have read somewhere that for it to be contractual periodic the new "term" needs to be clearly stated. As in after the AST ends it should state it then roles on to a month to month periodic tenancy. But I have no idea if this is the actually true.

                  This is all the paragraphs that refer to periodic tenancy:


                  1.6.1 The Term shall be for a definite period of 6 months from and including 21st March 2017 to and including 20th September 2017. Please see paragraph 2.5 as it contains important information about what you must do to end your tenancy.
                  1.6.2 The "term" is to include any extension or continuation of the fixed term or a statutory or contractual periodic tenancy


                  2.5
                  2.5.1 If the tenant intends to vacate at the end of the fixed term, or any later date, he agrees to give the landlord at least 2 months prior notice in warning.
                  2.5.2 While the tenancy is periodic the two months written notice must expire the day before a rent is due.

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                  • #10
                    2.5.1 - This is telling you to give 2 months notice to end the fixed term when in reality you don't need to give any.
                    2.5.2 - This is telling you that you must do the same IF the tenancy is periodic, again only 1 month is necessary for a SPT.

                    I would give notice NOW to end on 15th October.

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                    • #11
                      I can't see it is a Contractual PT. The word "contractual" as cited by OP simply refers to the fact that a further fixed period AST might be signed -- or at least that is what I would take it to mean (and attempts for some unknown and useless purpose to bind the terms together - e.g. for purposes of Guarantor)

                      Comment


                      • #12
                        That appears to be a standard fixed term of 6 months only from 21 March to 20 September as it does not say anything about it continuining on a month/period by month/period basis after that.

                        2.5.1 if enforcable would require you to give 2 months notices ending on any date while the fixed term is ongoing. Based on standard advice about unfair clause and others, it is highly unlikely to be enforcable though. Similarly for 2.5.2. So, you can leave on or by 20 September on the basis of the tenancy then ending by effluxion of time.

                        You cannot give valid notice to quit a SPT before the SPT start, and any notice to quit must end on the last or first day of a period and be of at least one complete period.
                        I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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                        • #13
                          I really appreciate all your help. I slept so badly last night that I swear I dreamt about periodic tenancies!

                          So to clarify if I pursue the 1 month notice I need to provide the official notice on or after the 21/09/2017 as the last day of the AST is 20/09/2017? So I could send it 'signed for next day delivery' on 20/09/2017? And then vacate the flat before 20/10/2017.

                          I had a chat with a legal advisor (property law) that we have access to through work and he advised that as the contract is so vague regarding a periodic tenancy the 2 month notice request cannot be enforced. The landlord has to specifically state the terms of a periodic tenancy to be contractual.

                          They also advised that worse case scenario is that the LL then challenges the deposit but as this is in the deposit scheme they would have to prove that the contract is clear in regards to a periodic tenancy. Which it isn't.

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                          • #14
                            There is no contractual periodic tenancy based on the wording you have quoted.
                            The wording of 1.6.2 is terrible - 1.6.1 defines the "Term" and then 1.6.2 tries to redefine it as something that contradicts that definition.
                            2.5.2 is not valid, as the Housing Act (1988) defines the notice period necessary (one month ending at the end of a rental period) and doesn't allow any variation in a tenancy agreement to override that.

                            As above, while you are not actually able to give valid notice in the fixed term, most people aren't aware of this, so I'd give notice now for the date you suggest.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                            • #15
                              This is now so much clearer. Thank you everyone for all you help and advice!

                              Comment

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