Statutory or contractual periodic tenancy

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    Statutory or contractual periodic tenancy

    Hi, just wondering if someone could kindly help me decipher if my tenancy is a statutory periodic or contractual periodic tenancy. Finding it difficult to understand the rules and wording to work it out myself.
    ​​​As my contract states 2 months notice required. Would prefer to just have to give 1 month.

    My tenancy wording is as follows.



    1. The landlord hereby agrees to let and the tenant agrees to take the premises known as

    **********

    together with the furniture and effects specified in the attached list for a term of 6 months commencing on the 1st January 2016.



    2. The landlord hereby agrees as follows:

    .....

    m. not to determine the tenancy without at least two months written notice and before the expiry of the term . At the end of the term the tenancy may be determined by notice in writing of two month’s length if the term is two years or less and of three months if more than two years. For the avoidance of doubt this tenancy will continue on the same terms after expiry of the original term where no notice has been received.

    Ie two months written notice is still required to terminate the tenancy

    n The guarantee from the guarantor to become effective from the date of this contract and to run in line with the terms of this contract. Any rollover period to be in addition to this period.
    .....
    q. no deposit has been taken, but should the landlord deem any damage to have been done or the tenant has omitted to pay any of the utility bills, he will seek such monies to make good these the shortfall. Notwithstanding the above, the tenancy will terminate upon receipt of the agreed written notice re clause m) above and return of all the keys to the flat and along with a fully completed utility cut off agreement as attached to the end of this contract.


    -------

    Many thanks in advance for your help!





    #2
    Your tenancy agreement provides for "a term of 6 months commencing on the 1st January 2016". So long as (a) those words are not followed by words such as "and thereafter from month to month" or "continuing as a monthly periodic tenancy" or to like effect or (b) there was no correspondence confirming or agreeing a new periodic tenancy, then you have a statutory periodic tenancy and the notice provisions you have quoted do not apply. If at the end of the fixed term you were paying rent monthly you have to give a month's notice.

    Comment


      #3
      ..ending at the end of a tenancy period (which will be the last day of the month in this 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


        #4
        Thank you both. There was no new agreement signed after this. Although that reminds me had a rent increase earlier this year, need to look at that to see if any such changes on that.

        Thanks so much again.

        Comment


          #5
          Phew, nothing on there. Just detailed the rent increase.

          Comment

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