Periodic notice. We think 4 weeks, L has other ideas

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    Periodic notice. We think 4 weeks, L has other ideas

    Hello

    Our fixed term tenancy ended in May, so we've been on a monthly periodic tenancy since. When this changed over, the agent and L emailed to say that the conditions of the previous tenancy apply.

    We want to move and give 4 weeks notice from the correct date in the month but the L and their agent say it has to be 8 weeks. All of this for a £1450 PCM 1 bedroom flat. Gah! Who is correct?

    #2
    Usually tenancy notices are monthly, so in a periodic tenancy, tenants need to give 1 full month's notice (the end of which should co-incide with the rental period), and the LL should give 2 full month's notice.

    Unless your tenancy specifically mentions email correspondence is acceptable, I would issue notice in writing to the LL - a letter that is, not email, text etc. Post it first class and keep your proof of postage. LL must receive the notice in time to give the full month, so make sure you allow 2 working days for the post to arrive.

    Comment


      #3
      Hi,

      Yes we will give notice properly (letter) especially as I don't trust them
      We pay our rent monthly. I was sure that on stat periodic tenancies, 4 weeks was acceptable so long as it coincides with the start date. Can the LL really impose we give her 8 weeks notice?

      Comment


        #4
        She can try, but its not enforceable.

        See the info here:

        http://www.landlordzone.co.uk/notice_to_quit.htm

        If necessary print it off and attach your notice letter.

        If the LL knows so little about tenancy agreements, has your deposit been protected?

        I assume your property is in England/Wales? Scottish letting laws are different.

        Comment


          #5
          No, but if rent is payable monthly they can insist you give one (full) month, as Lesley Anne says, to expire at the end of a tenancy period. (Not four weeks).

          When did your fixed term end, exactly?
          '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


            #6
            Thanks guys.nit ended on 14th May, so we'll give notice on 13th July. We're about to exchange contracts on a house so doubling up on house costs Just isn't feasible for us!
            Our deposit is protected by one of the big schemes, but I'm terrified she will claim it as rent arrears. We are dealing with typical London investor landlords here: money orientated only. The agents are like bulldogs too. I hate the way we are made to feel; despite us being 30 year old, being quiet, tidy, reliable professionals. Anyway I digress!

            Comment


              #7
              You can give it tomorrow if you want, or any day until the 14th of July and it has to be for the 13th of August
              All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

              Comment


                #8
                This is what the agent emailed to me in April:

                I can confirm that with effect from 13 May 2012 your Tenancy with ****** will become a Statutory Periodic Tenancy and the terms and conditions of the contract signed on 14 May 2011 will continue.*
                *
                Should either parties; yourselves or your Landlord wish to terminate your contract at any time the notice period will remain as two calendar months from the rent due date i.e. the 14th of each month* of each month hereafter.
                *
                Should you have any queries, please do not hesitate to contact me.

                Is this legally binding? They also prepared a full, new, fixed term contract and added our names to it - but we didn't sign it nor agree to it.

                Comment


                  #9
                  Statutory periodic tenancy defines the notice period as 1 month for the tenant and 2 months for the landlord. Notices to end at the end of a period (the 13th for you)

                  It is not uncommon for agents not to know the law. It is not a prerequisite. Give the notice as I told you above and ask them to send you the part of the housing act that says a tenant is to give 2 months notice in an SPT
                  All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

                  Comment


                    #10
                    There appears to be some discrepancy between LA letter and OPs recollection between 13th & 14th for start of SPT.

                    What is the date stated in AST for commencement of T?
                    Is any date specified for end of fixed term? Is so what date?

                    NB Notices must be served ie received by due date. If posting First Class, allow 2 working post days for receipt. DO NOT use signed for, recorded delivery etc, and get free Cert of Posting from PO counter staff.

                    As suggested, post now and put in correct date for last day of T period. If you put in or stay 1 day later you will be liable for rent & property for a further month.

                    Comment


                      #11
                      Hi Mariner. - yes I was out by one day until I re -read the letter. But it still doesn't mean I need to give 8 weeks! Just praying that we can exchange contracts on house sale in the next rental period (ie before 12th July)so we don't have to wait 'till mid September to move out!

                      Comment


                        #12
                        A notice to quit can end on the last day of a tenancy period or the first day of a tenancy period.

                        When giving a notice to quit it pays to add "saving words" at the end in case you get the date wrong or you do not serve in time, like this:

                        ... on [insert date you have worked is the date the notice should expire] or at the end of the period of the tenancy which will end next after the expiry of one month [in the case of a monthly tenancy*] from the service upon you of this notice

                        *In the case of a weekly or four weekly tenancy the period is four weeks and in the case of a quarterly tenancy a quarter.

                        Comment


                          #13
                          Originally posted by Sandt1 View Post
                          We want to move and give 4 weeks notice from the correct date in the month but the L and their agent say it has to be 8 weeks. All of this for a £1450 PCM 1 bedroom flat. Gah! Who is correct?
                          Note, four weeks is not equivalent to one calendar month.

                          If rent is payable monthly, you must give at least one calendar month's notice, also expiring at the end of a tenancy period.

                          If the last day of the fixed term was 13th May 2012, then the tenancy periods run 14th - 13th. So, if you were to serve notice anytime between today, 30th June, and 13th July, the notice would have to expire 13th August (or 13th September, etc). Note, do not leave it till the last minute to serve the notice. If you post it, you should do it at least two working days before the 13th July 'deadline'.

                          Comment


                            #14
                            Originally posted by westminster View Post
                            Note, four weeks is not equivalent to one calendar month.

                            If rent is payable monthly, you must give at least one calendar month's notice, also expiring at the end of a tenancy period.

                            If the last day of the fixed term was 13th May 2012, then the tenancy periods run 14th - 13th. So, if you were to serve notice anytime between today, 30th June, and 13th July, the notice would have to expire 13th August (or 13th September, etc). Note, do not leave it till the last minute to serve the notice. If you post it, you should do it at least two working days before the 13th July 'deadline'.
                            Yes, I understand that, and sorry if I am not making myself clear, I think we're getting stuck on a tangent. I'm not worried about whether the technicality is 4 weeks versus one month, my question is whether they can really impose 8 weeks or 2 months, i.e almost double. We have just received a snooty email this afternoon from the LL saying
                            "I'm not sure what you're not getting. It stand at 2 months".

                            I could cry with stress. Can anyone confirm with utmost certainty that our notice period should be one month as oppose to two?

                            Comment


                              #15
                              I gave you a link to a LLZ page on my reply at post number 4 here, which clearly defines the notice requirements for a tenant in a periodic tenancy.

                              As I suggested then, print this and attach it to the letter giving your LL the required 1 month's notice. If you are in a periodic tenancy, all notice conditions are set by statute, regardless of what the original tenancy agreement said. LL can prevaricate as much as they like, but 1 month notice is all that is required! Do not enter into any more email communication or conversations with the LL - just send the written notice, first class, keep proof of posting, and leave it at that.

                              If she expects more than this, she must take you to court - she won't have a leg to stand on.

                              Regarding your deposit, ensure you apply to the scheme as soon as you leave to request it returned to you, just incase LL decides to play dirty and claim it in lieu of a month's rent that you don't owe her!

                              You are in the right here, try not to get stressed or emotional. LL is treating this as a "business arrangement" and so should you. Keep your cool and don't worry!

                              If your LL starts ranting, tell her to join up here and we will put her straight in no uncertain terms! Sounds like she is running rings round the letting agents, trying to get them on her side - unless that are as ingorant as some I have come across, and don't know the first thing about letting laws either ...

                              Comment

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