Termination of Statutory Periodic Tenancy

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  • Termination of Statutory Periodic Tenancy

    Hello,

    I am hoping someone will be able to help me out.

    I had a six month fixed term AST which expired on 28th February 2011. I have remained in the property with agreement from the LL on a Statutory Periodic Tenancy.

    In the original fixed agreement I had to give 2 months notice to terminate after the fixed term ended but was under the impression that I now only have to give 1 months notice under the periodic tenancy, but the landlord is saying that I still have to give 2 months as stated in the original contract that even after the fixed term ends I still have to give him 2 months notice.

    I gave him 1 months notice on the 1st September to say I would be vacating the property by the 30th September but he is insisting that I have to pay the rent until the 30th October 2011.

    He is holding £1,000 of my deposit and I am worried that come the 1st October he will try to withhold my deposit for October's rent money classing it as arrears. Is he entitled to do this.

    Also I have received two invoices from him for Property Insurance and Boiler safety checks which he wants me to pay for. Can he charge me for these?

    I am supposed to be moving into another property on 30th September but dont want to pay rent on two properties and I really dont know what to do.

    Im worried he will take me to court for Octobers rent and the two invoices.

    I have been an excellent tenant and he has given me a glowing reference and dont know how to proceed without things turning ugly.

    Any help would be greatly appreciated.

  • #2
    The fact that it is called a statutory periodic tenancy means the conditions are regulated by statute. The two invoices in my opinion are non-tenant matters and one is a legal requirement. Your landlord is obviously a bit new to this whole process.

    By giving notice on the 1st September though you may have not given sufficient notice to vacate on the 30th. If your tenancy expired on the 28th February you should have given notice on the 28th August or 31st August (depending on how the agreement was structured. I'm assuming you pay rent on the 1st of each month) as on 1st September you entered a new periodic period.

    What does your agreement say about serving notice? You should always do it in good time because often it will not deem to have been received until the day following or sometimes two days.
    [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

    Comment


    • #3
      You are nearly right, you do have to give just 1 month's notice to end a SPT, however that month must end on the last day of a tenancy period. Clearly if you gave you notice on 1st September until 30th September that is not a full month.

      If your tenancy started on 28th February the your periods (monthly) are from 28th to 27th of the next month. That means your notice should have been given before 4.30pm on the 28th of last month to run out on the 27th Sept.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


      • #4
        Originally posted by jta View Post
        You are nearly right, you do have to give just 1 month's notice to end a SPT, however that month must end on the last day of a tenancy period. Clearly if you gave you notice on 1st September until 30th September that is not a full month.

        If your tenancy started on 28th February the your periods (monthly) are from 28th to 27th of the next month. That means your notice should have been given before 4.30pm on the 28th of last month to run out on the 27th Sept.
        AST expired on the 28th feb (usually means inclusive!).. new periodic starts on the 1st surely either way, not a full month!
        [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

        Comment


        • #5
          Thanks for replying,

          In the termination of tenancy is says:-

          The tenant must always give a minimum of two months written notice to terminate the tenancy at the end of any month after first completion of the tenancy period agreed.

          The tenancy began the first day of September 2010 until the last day of February 2011.

          Comment


          • #6
            If I were the landlord I would be inclined to accept tenant's Notice on 1 September for a 30 September vacation. I know that L doesn't have to, and it wouldn't work the other way round but them I'm a softy!
            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


            • #7
              Originally posted by MrJohnnyB View Post
              AST expired on the 28th feb (usually means inclusive!).. new periodic starts on the 1st surely either way, not a full month!
              Mea culpa, reading too kwik.
              I offer no guarantee that anything I say is correct. wysiwyg

              Comment


              • #8
                So basically are you saying that I need to pay October's rent as well and leave the premises by the 30th October as I did not give a full months notice.

                Thanks

                Comment


                • #9
                  Originally posted by SarahLK View Post
                  Thanks for replying,

                  In the termination of tenancy is says:-

                  The tenant must always give a minimum of two months written notice to terminate the tenancy at the end of any month after first completion of the tenancy period agreed.

                  The tenancy began the first day of September 2010 until the last day of February 2011.
                  Whatever the agreement says is over ridden by statute.
                  Statute always trumps agreements.
                  I offer no guarantee that anything I say is correct. wysiwyg

                  Comment


                  • #10
                    Section 5 of the 1988 Housing Act reads:

                    (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;
                    ....
                    (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.
                    So your tenancy agreements notice terms no longer apply, and the 'one month to expire on the last day of a tenancy period' is correct.

                    Comment


                    • #11
                      Originally posted by SarahLK View Post
                      So basically are you saying that I need to pay October's rent as well and leave the premises by the 30th October as I did not give a full months notice.
                      No.

                      The periodic tenancy began on 1st March 2011. If rent is payable monthly, then the tenancy periods run 1st - last day of the month. The earliest that a notice to quit served* on 1st September could expire would be 31st October (if you'd served it on or before 31st August, then the notice could have expired on 30th September).

                      You can move out any time you like but you will be liable for rent up to 31st October (albeit LL has got it wrong by telling you it's up to 30th October), unless you and LL agree a surrender before that date.

                      As Snorkerz say, the provisions for notice in the expired contract do not carry through into the periodic tenancy.

                      Also, you are not liable for the two invoices. Boiler safety and buildings insurance are the LL's responsibility (I suppose it's possible that you might be liable for insurance if you agreed to pay it in the contract, though).

                      * Served as in deemed served on that date. If you posted the notice, it would be deemed served two business days later. If you delivered by hand before 4.30pm on a business day it would be deemed served that day.

                      Comment


                      • #12
                        If I were the OP I would be inclined to keep my head down over the fact that the notice is one day short and home in on the point that the notice provision in the tenancy agreement is of no effect.

                        Incidentally the notice would have been valid if expressed to expire the next day.

                        Comment


                        • #13
                          Originally posted by Lawcruncher View Post
                          Incidentally the notice would have been valid if expressed to expire the next day.
                          I don't think so. Whilst the notice may be expressed to expire on the last or first day of a period, either way, in effect it will expire at midnight of the last day of the tenancy period (not midnight of the following day).

                          Comment


                          • #14
                            Originally posted by westminster View Post
                            I don't think so. Whilst the notice may be expressed to expire on the last or first day of a period, either way, in effect it will expire at midnight of the last day of the tenancy period (not midnight of the following day).
                            You may have a point.

                            The law of notices needs simplifying.

                            Comment


                            • #15
                              While the invoices desribed may sound like they should be the landlord's costs, the tenancy agreement governs this matter. If the tenancy agreement places an obligation on the tenant to cover the cost of the landlord's buildings/contents insurance and the gas safety inspections, then these cost are the tenants. The law regarding gas safety inspections only covers the responsibility to ensure that the inspection is carried out, it does not mandate who should ultimately pay for the inspection. That is a contractural matter.

                              However if the agreement does not clearly make the tenant liable for these costs, they remain with the landlord as he is the principle beneficiary.

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