Notice period

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    Notice period

    Hi,

    I am new to this forum and couldn't figure out how to post a question but I am having a similar situation.
    It is my first time renting in the UK, after our 1 years fixed term AST in 2015 our contract has become and statutory periodic contract. However, in the 2015 contract says:

    'After the expiry of this agreement unless a new agreement has been entered into the Tenant may be serving two months written notice to terminate the tenancy at any time after the expiry of this agreement the two months notice period must end at the end of a rental period and will until the end of the notice period and vacant possession is given pay the rent and observe and perform the agreements obligations on the tenant's part contained in the agreement then immediately at the end of the notice period the tenancy will end but it does not release the tenant from any outstanding obligation or claim.'

    However, I've seen many informations online saying that it is 1 month notice given for a statutory periodic tenancy as we've been paying rent monthly not per 2 months. And due to covid-19 our notice period got disrupted and an early misunderstanding of our landlord saying our contract was 1 year instead made me think we were in a 1 year fixed-term AST! So hence actually no notice need to be given.

    My landlord is now furious and saying how I am not following the agreement and was dishonest ...
    Please help..

    #2
    The length of notice in a monthly statutory periodic tenancy for a tenant is a minimum of one month ending at the end of a tenancy period, so it isn't one month's notice (apart from on one specific day in the month).

    I don't understand what's happened in your particular case, because I don't see how your notice period can be "disrupted" or why you would think no notice needed to be given.
    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
      Hi,

      Thanks for the reply. Yes a minimum of 1 month notice, then I looked through many replies online and many have said if I’ve been paying rent monthly then the notice period should be 1 month. Could the landlord in the contract ask for more than a month if I am paying rent per month? Since the clause in our 2015 agreement did not say we change to a contractual periodic tenancy after the expiry of our AST.

      Well at first we thought we were in a fixed term AST because when we asked our landlord Sept 2019 what contract we’re in. First he didn’t answer, second when we asked the duration of our contract he said 1 year. Which mis led me to think we’re in a fixed term contract which in a way we don’t really need to give him notice if it’s ending in the fixed term anyway. (At the time I didn’t know we’re in a SPT and didn’t know it will automatically change to a SPT after a fixed term AST) That’s why I didn’t give him notice during start of April.

      Obviously he is furious and I’ve been researching but couldn’t find a solution.

      Comment


        #4
        What are you trying to do? What is your question?
        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


          #5
          Please copmplete and paste in full
          https://forums.landlordzone.co.uk/fo...om-new-posters

          Comment


            #6
            Check whether you have Contractual Periodic Tenancy rather than an SPT. If so, the notice in the agreement would stand

            Comment

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