Notice period when rent is paid 6 monthly

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    Notice period when rent is paid 6 monthly

    Once a tenancy agreement has become statutory periodic I believe the notice period is in line with the rent payment so if monthly then a month's notice. Where the rent has been paid 6 monthly does anyone know what the correct notice period is? The original contract had is as 2 months.

    #2
    It depends if the rent is monthly, but six of those months were paid in advance or if the rent was payable six months at a time (i.e. the rental period itself is six months).
    So the wording of the rental agreement is the key.

    The notice period in the original agreement no longer matters if the tenancy has become a periodic tenancy by virtue of law.
    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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      #3
      Hello Shearn,

      It sounds like your tenant wants to stay on and are requiring a 6 month notice period from you. The notice period is one month under the rolling monthly statutary periodic tenancy. The confusion is that the notice period is implied and ruled as being the rent payment date and period when no agreement / contract has been made implied or otherwise, equitable estopple. Have you agreed a 6 monthy because that would require a contract and if no contract / agreement then it would be 6 months however a statutary periodic is the default position after an AST and I presume this is outside the fixed term and the initial 6 month start of tenancy. Also if you have changed the deposit protection to SPT then that is definative / evidencial.

      Simply it is one month notice either side.

      Comment


        #4
        Originally posted by stan1357 View Post
        Simply it is one month notice either side.
        There is no possible scenario in a statutory periodic tenancy when this can be the case.
        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).

        Comment


          #5
          Dear all apologies for the delay, I was waiting to gain more info. It's my step daughter's contract, she's just become a new mother so asking on her behalf. I am attaching what she has sent of the contract, I hope this is enough. I am not sure if 1 month notice or 6 month's notice would need to be given? The landlady has advised that the rent can be paid as 3 months at a time from when it's next due, has paid the agent to date, however the LL has said to pay her directly. Her relationship with the agent is not great as she reported him to his
          Redress scheme and has been getting threating calls from him.
          Rent.jpg
          Attached Files

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            #6
            That can be read all kinds of ways.

            The issue is that the periods of a periodic tenancy are set by legislation. "The periods of the [new periodic] tenancy are the same as those for which rent was last payable under the fixed term tenancy"

            So you can read that agreement both ways.

            If your step daughter wants to leave, I'd serve notice based on it being monthly and see what happens.

            That would be notice ending on 21st August.
            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).

            Comment


              #7
              Do you have the bit defining the term of the tenancy? If it's a six months fixed term to 21/07/2018, then she can just leave by that date without any notice.

              If there's a contractual periodic tenancy, then the notice period is per contract, if there's explicit provision for it.

              Otherwise, length of a notice to quit is in line with the length of the period, i.e. six months, if six-monthly periods. AND a tenant cannot serve a valid notice to quit on or before the date a SPT start, so if the landlord don't accept a shorter notice, the tenant would be stuck for at least 12 months from the start of the SPT.
              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.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #8
                Thanks JPkeates, I think the LL will be none the wiser, but just a bit worried the agent will get involved if not right. KTC will check unfortunately I don't have the agreement with me.

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                  #9
                  I would say that is a Contractual Tenancy. She should leave at end of first 6 months.

                  Comment

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