Is this a statutory or contractual periodic tenancy?

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    Is this a statutory or contractual periodic tenancy?

    I am a tenant. I need to determine whether our current tenancy is an SPT or contractual, since the letting agency & landlord wants 2 months' notice. As I understand it, under an SPT I only need to give 1 month, whereas under a contractual tenancy the period may be set differently.

    The agreement was an AST which is well past its 12 months term.

    Here are the special conditions specified at the end of the agreement which deal with the end of the tenancy and the notice period:

    To end this agreement two months written notice will need to be given by either party via [Letting agency]. Such notice may be given from the fourth month or any time after and must be given in conjunction with the rental due dates.

    If no notice is received this agreement will automatically become a periodic tenancy agreement upon its renewal date and all the conditions as set out above will remain in force
    Does the fact that they've specified it'll turn into a periodic agreement make it contractual and give them the right to demand the two months notice? Or is it still an SPT and therefore only one month is needed?

    #2
    The judge will tell you.. for sure.
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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      #3
      Originally posted by nevvo View Post
      Here are the special conditions specified at the end of the agreement which deal with the end of the tenancy and the notice period:

      "To end this agreement two months written notice will need to be given by either party via [Letting agency]. Such notice may be given from the fourth month or any time after and must be given in conjunction with the rental due dates.

      If no notice is received this agreement will automatically become a periodic tenancy agreement upon its renewal date and all the conditions as set out above will remain in force"

      Does the fact that they've specified it'll turn into a periodic agreement make it contractual and give them the right to demand the two months notice? Or is it still an SPT and therefore only one month is needed?
      Assuming the contract was for a fixed term tenancy, the first paragraph has no effect. A tenant does not have to give notice to end a fixed term tenancy.

      I do not think that the second paragraph is enough to create a contractual periodic tenancy (if this is all there is to suggest that it *might* be one). I will assume that at the front of the agreement, on the page which sets out the length of the fixed term, the rent payable, etc, there nothing about a contractual periodic tenancy following on after the fixed term, the length of these periods, etc - ?

      That being the case, the second paragraph has no effect, either, as provisions for notice in an expired fixed term contract do not carry through into a statutory periodic tenancy.

      Therefore, IMO, (based on the information given), you need only give one month's notice - however, your notice must also expire at the end of a tenancy period. The tenancy periods begin the day after the fixed term expires, and their length is based on the frequency with which rent is payable. For example, if the fixed term ended on 10th January, and rent is payable monthly, then the tenancy periods would run 11th - 10th of the month, and your NTQ would have to expire on the 10th of a month (as well as giving at least one month).

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        #4
        This thread may throw some light on it (and when I have read it, I may comment more )
        http://www.landlordzone.co.uk/forums...iod-for-tenant

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