Notice period for Common Law tenancy

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  • Notice period for Common Law tenancy

    Hi Guys

    I wonder if i can pick your brains on this forum

    My wife and i have a contractual lease which is now periodic

    The original tenancy was fixed for one year and we have since carried over into a peridoic state for the past 3 years.

    Our landlord has decided he now wishes to sell and so has served us a 'notice to quit' under the protection from eviction act 1977 giving us 4 weeks to vacate

    My query is that we pay the rent quarterly in advance and as such under common law is the landlord not required to give us 3 months notice?

    I queried this with the landlord, but he replied that under statute he was only obligated to serve 4 weeks notice. I spoke with the letting agent and they are not sure and have told me to seek advice

    I would be grateful for any positive replies please


    Many thanks

  • #2
    Originally posted by Jayfer View Post
    My wife and i have a contractual lease which is now periodic

    The original tenancy was fixed for one year and we have since carried over into a periodic state for the past 3 years.
    What do you mean by a contractual lease? When it was it granted, was it an AST/SAT? If it was outside the Housing Act 1988, the original term cannot have continued- there would be no statutory continuation rights.

    Originally posted by Jayfer View Post
    Our landlord has decided he now wishes to sell and so has served us a 'notice to quit' under the protection from eviction act 1977 giving us 4 weeks to vacate...Is the landlord not required to give us 3 months notice?

    I queried this with the landlord, but he replied that under statute he was only obligated to serve 4 weeks notice.
    That would be valid only if:
    a. the letting is a common-law contractual tenancy; and
    b. rent is payable every four weeks- which it's not, as:

    Originally posted by Jayfer View Post
    we pay the rent quarterly in advance
    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
      More: the periodic letting is new, and it is wholly dissociated from the fixed term that expired.

      So nothing in the fixed-term Letting Agreement now applies. If T pays rent quarterly in advance and L accepts that, it's a quarterly periodic tenancy. Any NTQ served by L must therefore run for at least a quarter and then up to & inc. a periodic tenancy quarter's end.
      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


      • #4
        Many thanks for prompt reply

        The rent is over 25k per annum so the lease we originally signed was for a common law tenancy - my apologies

        The rent is paid quarterly in advance.......

        Many thanks

        Comment


        • #5
          Perfect, that answers my question entirely

          Many thanks for your speedy advice, it is greatly appreciated

          Rgds

          Comment


          • #6
            OK- so, as I expected, L is wrong. The confusion stems from the Protection from Eviction Act 1977 (which does apply even to a common-law contractual tenancy). In that Act, s.5(1)(b) mentions 'four weeks'- see below- but says 'not less than...' which means that it can be longer if the periodicity is longer.

            5. Validity of notices to quit.
            (1) Subject to subsection (1B) below no notice by a landlord or a tenant to quit any premises let (whether before or after the commencement of this Act) as a dwelling shall be valid unless:
            (a) it is in writing and contains such information as may be prescribed, and
            (b) it is given not less than 4 weeks before the date on which it is to take effect.

            (1A) Subject to subsection (1B) below, no notice by a licensor or a licensee to determine a periodic licence to occupy premises as a dwelling (whether the licence was granted before or after the passing of this Act) shall be valid unless:
            (a) it is in writing and contains such information as may be prescribed, and
            (b) it is given not less than 4 weeks before the date on which it is to take effect.

            (1B) Nothing in subsection (1) or subsection (1A) above applies to:
            (a) premises let on an excluded tenancy which is entered into on or after the date on which the Housing Act 1988 came into force unless it is entered into pursuant to a contract made before that date; or
            (b) premises occupied under an excluded licence.

            (2) In this section “prescribed” means prescribed by regulations made by the Secretary of State by statutory instrument, and a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

            (3) Regulations under this section may make different provision in relation to different descriptions of lettings and different circumstances.
            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


            • #7
              Originally posted by jeffrey View Post
              More: the periodic letting is new, and it is wholly dissociated from the fixed term that expired.
              It will be a new tenancy unless there was a provision in the original agreement to the effect that the letting would continue as a periodic tenancy once the initial fixed term had expired.

              Originally posted by Jayfer View Post
              My wife and i have a contractual lease which is now periodic
              Does your agreement say anthing on this issue?

              Comment

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