Terms of Statutory Periodic Tennancy

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  • Terms of Statutory Periodic Tennancy

    I was wondering whether you could help me. When I first moved into the flat I signed a assured tenancy agreement which required me to give the landlord one month's notice to leave the property. The contract was signed for 12 months which lapsed in June 2005. As I understand, this meant that from then on the renting conditions were subject to a statutory periodic tenancy. I pay my rent on a monthly basis on the 18th of each month. Last month on the 18, I gave the agency notice telling them that I expected to leave the property on the 31st of December which as far as I was concerned was more than 1 month required by law. The agency now responded that I can leave on the 31st of December, however I am still responsible for paying the rent until the 18th of January unless the landlord finds somebody to live in my place from the 1st of January till the 18th. Could you please advise whether the agency/ landlord are within their righs to demand rent until the 18th of January even though I am going to give the keys back on the 31st of December. Many thanks for your help.

  • #2
    You pay your rent monthly in advance and are entitled to stay for that month if you wish. The landlord could give you a refund for leaving early but is not obliged to.


    • #3
      Your notice should expire on the first or last day of the tenancy, but considering the amount of notice you have given they are being damned petty.


      • #4
        Unless a tenant has been given written notification in advance of taking the tenancy as to how it should be ended by him (i.e. at the end of a rent period) then one month's Notice is considered sufficient even if it does not end at the end of a rental period. So the tenant could move out on 31 December and the landlord would probably have to accept it and back down; the tenant is unlikely to be liable for any more rent after this if the landlord/agent had not given him this information beforehand.
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


        • #5
          Is it not written on the Ast : With the agreement of both the Landlord and the tenant, the tenancy can be brought to an end by giving one month's notice ?
          Therefore if the landlord don't agree (though he'd be too strict to do that ) he might not return the tenant the deposit back if he decides to do so.

          It has happened to me before, and up to now the leaving tenants have always found a new tenant for me... well, almost all of them.


          • #6

            Why would the LL need to agree to teh tenant giving notice !! You are suggesting that the LL could refuse to agree and thus the tenant has no way of leaving. you are wrong.



            • #7
              Charger how do you know what is or isn't written on the posters AST?

              Given the information what paul has posted is correct, I dont even really understand what you are saying seems gibberish to me!


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