Statutory periodic tenancy Terms

[NinjaBot]

I am a tenant who's Assured shorthold tenancy expired in Feb. I refused to sign a new contract.

The LA has told me I am on a rolling contract (whatever that is) I think I'm on an statutory periodic tenancy. The LA said all the terms of the assured shorthold carry over and that I must give 1 months notice in line with the due date.

Is all or any of that correct?

Thank you for any guidance and advice.

[dominic]

If you are paying rent monthly and assuming you mean the fixed term expired in Feb, then yes all of that is correct.

If the LL wants to end the tenancy, he must give you the tenant 2 months notice.

[LesleyAnne]

Sounds correct to me. Statutory periodic tenancy, month-to-month, rolling - all basically the same thing.

Yes, your notice requirements as a tenant is 1 month in writing to end on a tenancy period date (usually but not necessarily a rent due date). So if for instance your tenancy periods run from the 10th of the month, to leave on 9th June, you have to give serve notice (ie notice must be recieved by the LA or LL), not later than 10th May.

LA/LL still need to give you 2 months notice, also co-inciding with a rental period.

[dominic]

Yes the month's notice must be a "whole" rental month, meaning that if rent is payable for the monthly period 15th to 14th, and it is the 16th May, the earliest the tenancy can end on a whole rentals month's notice is 14th July.

[mariner]

dominic, SPT Notice terms relate to Tenancy periods & rent due frequency, as LesleyAnne explains The correct date may not coincide with date rent is paid. The SPT started the day after the fixed term expired and the tenancy period will be 1 cal month if rent is paid pcm.
Also any Notice should be in writing (letter not email/sms) with time allowed for service (receipt).

[Lawcruncher]

The term "rolling contract" has crept into agentspeak to describe a periodic tenancy. A rolling contract is one which can be terminated at any time by the agreed period of notice. Whilst in theory that can be the case for a periodic tenancy, generally a periodic tenancy can only be ended on specific dates by giving a minimum period of notice.

[dominic]

mariner,

No you have misunderstood me.

I referred to the "rental month" which is not the same as when the rent is due or indeed paid.

But the analysis I gave does assume (consistent with 99/100 of all tenancies I have seen) that the "rental month" coincides with the "tenancy month". By that I mean that your tenancy could in theory run from the first day to the last of each month, but your rent may be expressed to be paid 10 days in arrears, i.e. from the 11th to the 10th of each month.

But as I say most tenancy agreements require rent to be paid monthly in advance, so the two period coincide.

Notice can be by email if the tenancy agreement allows formal notices by electronic communication, but it is better to follow it up with a notice served by post.