Terms of periodic tenancy.

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    Terms of periodic tenancy.

    SCENARIO:

    Fact 1: In force a 12 month AST - normal terms except both parties agree to 2 month notice by tenant after 6 mo break clause.

    Fact 2: Fixed term expires - tenancy now in Stat Periodic. with no change in rent or any implied terms of original AST.

    Fact 3 or maybe not a Fact: 1988 Housing Act seems to imply that the Stat Periodic terms stay the same as the terms of the original AST.

    Question: Does tenant still have to give 2 months notice as per original terms? The 1988 Housing Act doesn't address this issue. Is there another reg that I can read and enjoy?
    ASSUME NOTHING - QUESTION EVERYTHING!

    #2
    Answer to question:
    A. During fixed term, break clause is available. T needs to comply with it, strictly, if wishing to use it.
    B. After fixed term expires, T has two alternative termination routes:
    1. Use break clause, as per during fixed term, and serve two-month Notice.
    2. Serve common-law one-month Notice. As the continuation is a monthly tenancy, because the fixed-term rent was monthly, each month is a new continuation. One cannot be required to give two months' notice to terminate a one-month tenancy period!
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


      #3
      Many thanks Jeff
      That was fairly clear. But the LL still has to give a two months notice on something that runs on a monthly basis. So, common law is potentially unfair.
      ASSUME NOTHING - QUESTION EVERYTHING!

      Comment


        #4
        Originally posted by Paragon View Post
        But the LL still has to give a two months notice on something that runs on a monthly basis. So, common law is potentially unfair.
        No. If L wants to terminate under s.21, the (at least) two-month Notice period is statutory [s.21] so no 'unfairness' or common-law relevance.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Originally posted by jeffrey View Post
          No. If L wants to terminate under s.21, the (at least) two-month Notice period is statutory [s.21] so no 'unfairness' or common-law relevance.
          Again many thanks.
          ASSUME NOTHING - QUESTION EVERYTHING!

          Comment

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