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

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    #16
    Just to be extremely pedantic, the LLZ page suggests that all of the clauses of the previous fixed term apply.
    "...and the tenancy will be on the same basis as the original agreement, with all the same clauses and conditions being operative."

    Could the above refer to notice periods too? As I think this is what the agent and LL are using as their argument, ie that it's the same terms.

    Thanks

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      #17
      No, the terms and conditions of the original tenancy agreement all still apply EXCEPT the notice, which as I have said already is set by statute, ie LAW.

      The notice part of that page states:

      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.

      which is the important part for you in this situation.

      Stand up to your LL, do not be intimidated, they are not some sort of super human intelligence - often they are ignorant of the law or assume you are and will try it on.

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        #18
        Originally posted by Sandt1 View Post
        Can anyone confirm with utmost certainty that our notice period should be one month as oppose to two?
        I can confirm with the utmost certainty that, if rent is payable monthly, the notice requirements for a tenant in a statutory periodic tenancy are (as I said above) at least one month also expiring at the end of a tenancy period.

        Depending on the date the notice is given, and the dates of the tenancy periods, this means that the notice period could be anything between exactly one month and just short of two months (for example, if the tenancy periods run 14th - 13th, and you gave notice on 15th July, then the earliest the notice could expire would be 13th September; if you gave notice on 13th July, then the earliest the notice could expire would be 13th August).

        The LL/agent seem to be referring to a clause relating to notice periods in the fixed term tenancy contract, but clauses relating to giving notice to end the tenancy do not carry through into a statutory periodic tenancy.

        The terms of a statutory periodic tenancy are governed by section 5(3) Housing Act 1988, which says:

        (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;
        (b) deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;
        (c) under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;
        (d) under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and
        (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.


        *Determination is another word for ending the tenancy.

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          #19
          Just realised that some of my replies aren't posting, so again - a big thank you for all your help. The stress really does cloud one's judgement.
          I will keep you posted on how this pans out...

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