Periodic Tenancy clause

[fras]

I trying to give notice on a periodic tenancy, I think it should be only one months notice but the agency says it is two. We have been paying rent monthly - I thought this defined the period of the tenancy.

The agency quote our contract

Please refer to the following clause on page 5 of your tenancy agreement:-

1.5.26 To give the Landlord's Agent of the Landlord one month's written notice of the Tenant intention to vacate the Premises (note: this does not permit the Tenant to terminate the Tenancy during the Term) to be given on a rent day from and including 6th January 2010. Provided That in the event that this tenancy continues after the expiry of the Term and becomes a periodic tenancy the Tenant must give the Landlord's agent of the Landlord two months written notice of the Tenant's intention to vacate the Premises such notice to be given on a rent day".

[Mrs Mug]

I trying to give notice on a periodic tenancy, I think it should be only one months notice but the agency says it is two.

So that we can give you the right advice, can you give us the exact start date (dd/mm/yy) of the last contract that you signed and how long was the term?

Did you pay a deposit, and has it been protected?

[fras]

sorry I missed those two

AST signed on 06/10/2010 for 4 months
yes the deposit is protected

[Mrs Mug]

AST signed on 06/10/2010 for 4 months

Did you mean 06/01/2010?

If that is the correct date, then you are correct in that you only need to give at least one months notice, ending on a rental period.

So if you gave notice today, your notice would end on 05/10/2010.


This is from Section 21 of the 1988 Housing Act;

Notice by Tenant

Where the tenancy has become a Statutory Periodic Tenancy (where the fixed-term has ended and no new agreement signed for another fixed-term) the tenant must give the landlord notice if he wants to leave:

* The notice must be in writing
* It must be delivered at least 4 weeks before the notice period ends or 1 month if rent is paid monthly
* It must bring the tenancy to an end at the end of a full rent period.

The notice period must end at the end of a tenancy payment period: for example, if the rent payment date is on the 20th of each month, the notice period must end on the 20th of the month or the 19th to be on the safe side.

The tenancy agreement cannot change these basic rules, 4 weeks being the minimum notice period. However, if the tenancy period is more than 4 weeks, for example, one month, then the notice period is one month.

[fras]

06/10/09 even!

So the clause in the contract is meaningless? That's what I thought, having read thread on this board and others. But when I've stated this to the letting agent they quote the contact back at me. Realistically what happens next. I really don't want to have to go to court over this; new job, moving away, etc etc.

[westminster]

Realistically what happens next. I really don't want to have to go to court over this; new job, moving away, etc etc.

If you give proper notice, i.e. if served today, to expire 5th October 2010, and you moved out on or before 5th October 2010, your rental liability would end there.

If the LL continued to maintain that you were liable for a further month's rent, he would do one of two things: either agree to settle the dispute via the deposit scheme's adjudication service (which is all paper-based, and you wouldn't have to attend in person), or he would issue a county court claim (and claims are usually heard in the court closest to the defendant). Either way, not a huge amount of hassle - and either way, you'd win.

So the clause in the contract is meaningless?

Yes, because statutory notice periods apply when the tenancy becomes a statutory periodic tenancy. However, all the non-notice provisions in the 'expired' contract continue through to the periodic tenancy.

The other part of the clause about notice during the fixed term is also meaningless.

[jeffrey]

Did you mean 06/01/2010?

If that is the correct date, then you are correct in that you only need to give at least one months notice, ending on a rental period.

So if you gave notice today, your notice would end on 05/10/2010.


This is from Section 21 of the 1988 Housing Act;

No, it's not really an extract from s.21 but merely a precis of some of s.21. This is s.21:

21. Recovery of possession on expiry or termination of assured shorthold tenancy.

(1) Without prejudice to any right of the landlord under an assured shorthold tenancy to recover possession of the dwelling-house let on the tenancy in accordance with Chapter I above, on or after the coming to an end of an assured shorthold tenancy which was a fixed term tenancy, a court shall make an order for possession of the dwelling-house if it is satisfied:
(a) that the assured shorthold tenancy has come to an end and no further assured tenancy (whether shorthold or not) is for the time being in existence, other than an assured shorthold periodic tenancy (whether statutory or not); and
(b) the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice in writing stating that he requires possession of the dwelling-house.

(2) A notice under paragraph (b) of subsection (1) above may be given before or on the day on which the tenancy comes to an end; and that subsection shall have effect notwithstanding that on the coming to an end of the fixed term tenancy a statutory periodic tenancy arises.

(3) Where a court makes an order for possession of a dwelling-house by virtue of subsection (1) above, any statutory periodic tenancy which has arisen on the coming to an end of the assured shorthold tenancy shall end (without further notice and regardless of the period) on the day on which the order takes effect.

(4) Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied:
(a) that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice [F8in writing] stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and
(b) that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above.

(5) Where an order for possession under subsection (1) or (4) above is made in relation to a dwelling-house let on a tenancy to which section 19A above applies, the order may not be made so as to take effect earlier than:
(a) in the case of a tenancy which is not a replacement tenancy, six months after the beginning of the tenancy, and
(b) in the case of a replacement tenancy, six months after the beginning of the original tenancy.

(5A) Subsection (5) above does not apply to an assured shorthold tenancy to which section 20B (demoted assured shorthold tenancies) applies.

(6) In subsection (5)(b) above, the reference to the original tenancy is:
(a) where the replacement tenancy came into being on the coming to an end of a tenancy which was not a replacement tenancy, to the immediately preceding tenancy, and
(b) where there have been successive replacement tenancies, to the tenancy immediately preceding the first in the succession of replacement tenancies.

(7) For the purposes of this section, a replacement tenancy is a tenancy:
(a) which comes into being on the coming to an end of an assured shorthold tenancy, and
(b) under which, on its coming into being:
(i) the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and
(ii) the premises let are the same or substantially the same as those let under the earlier tenancy as at that time.