Periodic Notice Period

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    Periodic Notice Period

    Hi,

    A colleague of mine currently rents an apartment and is looking to move as the current LL has advised that he is going to increase the rent.

    She initally signed a 6 month AST, which has now expired so she is now running on a periodic.

    The AST advised that 2 months notice is required by T, however from reading this forum I am in the understanding that once the fixed term has expired and a periodic is in effect, then the notice period for T is 1 month.

    My colleague has contacted the agent and advised them of this but the agent then said that that is incorrect due to a clause in the AST - my colleague is going to re-read the AST to see what it says.

    Can you please advise if agent is correct? I will let you know what said AST clause is when I know.

    My colleague is concerned as it is unlikely that any properties she sees will not be held for two months and she doesn't want to end up homeless!!!

    Many thanks

    #2
    Doesnt matter what is in the contract the T legally only has to give one months notice now it is running periodicly. The one months notice does have to tie in with the rent due day though.

    Comment


      #3
      agree - the notice requirement is set out in the protection from eviction act - see other threads on this.

      any contractual clause that attempts to change this are ineffective.
      PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

      Comment


        #4
        Originally posted by stick2000 View Post

        My colleague has contacted the agent and advised them of this but the agent then said that that is incorrect due to a clause in the AST
        Hi, even if its there, its not enforceable, refer them to s5(3) of the Housing Act 1988.

        Preston

        Comment


          #5
          A case of another agent not knowing the tenant's rights!
          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.

          Comment


            #6
            Originally posted by Paul_f View Post
            A case of another agent not knowing the tenant's rights!

            Badly trained, or what!
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #7
              Yes- previous replies are all correct. The ASTfor fixed term does continue to operate once the term expires (and the tenancy becomes a statutory periodic) but- because of s.5(3)(e)- without that written termination provision. Here's s.5(1) to s.5(3), with my underlining:

              5. Security of tenure.

              (1) An assured tenancy cannot be brought to an end by the landlord except by obtaining an order of the court in accordance with the following provisions of this Chapter or Chapter II below or, in the case of a fixed term tenancy which contains power for the landlord to determine the tenancy in certain circumstances, by the exercise of that power and, accordingly, the service by the landlord of a notice to quit shall be of no effect in relation to a periodic assured tenancy.

              (2) If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of
              (a) an order of the court, or
              (b) a surrender or other action on the part of the tenant,

              then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.

              (3) The periodic tenancy referred to in subsection (2) above is one:
              (a) taking effect in possession immediately on the coming to an end of the fixed term tenancy;
              (b) deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;
              (c) under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;
              (d) under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and
              (e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.
              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).

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