Question about statutory periodic tenancy or contractual period tenancy

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    Question about statutory periodic tenancy or contractual period tenancy

    Hi I need your help. I have been renting a property for the last 6 years at the beginning we had an ast for a year and renewed for 3 years. After this the landlord did not want to renew and instead roll over to a statutory periodic tenancy. I have given the one month's notice to vacate. But the agent has sent me my old tenancy agreement where it says I need to give two months. I've attached a picture. Am I right in thinking it's worded incorrectly as they have wrote it will roll on to a statutory periodic tenancy in wich the notice period is one month but they've added they need two months notice but therefore making it a contractual periodic tenancy.? This was made unclear to me I just need to know where I stand. Thanks in advance for your help.

    #2
    The photo isn't large enough to read.

    Could you please quote what the highlighted paragraph says?
    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


      #3
      Also you need to redact the names and signatures.

      (I suspect the forum has a size limit on photographs from new posters to be protect against spam and illegal images.)

      Comment


        #4
        Sorry ! This is what it says.
        thankyou

        The tenants Agrees to provide written notice of their intention to leave the property and minimum of two months prior to the end of the agreed term. Unless the notice is received in due time the tenancy will continue on as statutory periodic Tenacy, And still requires two months written notice to be received by the landlord or agent before their intended departure

        Comment


          #5
          I'm not convinced the first part is valid as you can normally leave without warning at the end of the fixed period.

          The second part is invalid because the legislation for SPTs voids any clause in the agreement and basically makes notice one month, rounded up to the end of the next rental period. It can be up to just under two months for a a monthly rental, if you time it badly, but only about a month, if well timed.

          Comment


            #6
            Thankyou I pay rent monthly so the rent is payed on the 15th of each month I will be paying on 15th July wich will take me to 15th August and I was hoping to leave on 15th August but they are saying I still need to stay and pay till September. I just don't know how to word it back to them after they sent me the old tenancy agreement and highlighted the part which says two months notice. Thanks for all your help so far

            Comment


              #7
              15th of August should be OK, but you may need to hand deliver the notice. 1 month is 12th August Rounding up to a rental period is 15th August. (probably actually midnight at the end of 14th August.

              Comment


                #8
                I presume Sdack123 have actually given notice, but just the agent coming back to say not enough time given. If not, then a notice to quit served on the 15th July with a stated end date of 15th August will end the tenancy on the end of the day 14th August. Whether Sdack123 would be able to serve notice by 15th July would depend on what the tenancy agreement say how notices may be effected.

                Originally posted by Sdack123 View Post
                I just don't know how to word it back to them after they sent me the old tenancy agreement and highlighted the part which says two months notice.
                Tell them you've taken advice that that part of the clause isn't enforceable for a statutory periodic tenancy. If they disagree, they should take legal advice.
                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


                  #9
                  Thankyou for your help !

                  Comment


                    #10
                    OP please complete & paste https://forums.landlordzone.co.uk/fo...ll-new-posters for your last renewal (which should be a 'new' AST).

                    Comment


                      #11
                      Where is the rented property located (England / Wales / Scotland / N Ireland)?
                      England

                      Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
                      Sole tenant

                      Q3 – What date did current TA start dd/mm/yy? May 2017 it went on to a statutory periodic tenancy

                      Q4 – How long was initial fixed term (6/12/24 months / other)? 12 months

                      Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
                      Per calender month

                      Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
                      Yes 17/05/13

                      Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy). 10/7/19

                      Q8 – Does the landlord live in the same property as the tenant? No

                      Comment


                        #12
                        In the original tenancy agreement what are the tenancy periods (which can be related to the rental payment date, but may not be).

                        There will be a section along the lines of this tenancy begins on 10th June 2016 and continues for 12 months ending on 9th May 2017. That's the part that controls when the periodic notice has to expire.
                        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

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