Notice Period Required

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    Notice Period Required

    Hello I was wondering if anyone could help me with a slight issue.

    My girlfriend has been renting a house with a 6 Month Assured Tenancy agreement. It has just expired and she handed in a notice in writing that she wishes to move out.

    The lease has now changed to a Periodic Lease agreement as no new term has been agreed. The original tenancy agreement required a 2 month notice from either party if either wished to terminate early.

    Now the letting agency is trying to claim that two months notice is still required, as the "same terms apply to the periodic contract" which seems dubious to me, joe bloggs.. I have had a look at the housing act 1998 section 5 which covers this and it would seem this is not allowed. Am I reading this correctly that they should not be able to enforce a two month notice period? The fact it's now a periodic lease agreement should mean only one month is required now?

    Thanks in advance for any advice

    #2
    You are correct - except it is AT LEAST 1 month's notice expiring on last day of rent period (eg if original tenancy 13th June to 12th December then periods are 13th to 12th..).

    Agents often appear to have no knowledge of landlord/tenant law: But then then need none to operate as an agent
    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...

    Comment


      #3
      Doesn't that depend whether it is a Contractual Periodic Tenancy or a Statutory Periodic Tenancy, as determined by the wording of the tenancy agreement?
      There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

      Comment


        #4
        I thought someone might step in with an authoritative response to post #3, but in the absence thereof I will expand.

        I believe that the notice period specified in the TA continues to apply after the end of the fixed term if the periodic tenancy that follows is a Contractual Periodic Tenancy. If, however, it is a Statutory Periodic Tenancy then only one month's notice is required. It will become a CPT if the TA is worded such that a CPT is created at the end of the fixed term. This wording would typically be something like '...and thereafter from month to month' (as opposed to simply 'a fixed term of x').

        Conclusion: The required notice period could be one month or two, depending on the wording of the agreement.
        There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

        Comment


          #5
          Originally posted by doobrey View Post
          I thought someone might step in with an authoritative response to post #3.
          Where's Lawcruncher when you need him!
          IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

          Comment


            #6
            If Mark88B (the OP) is still out there, we need the exact wording regarding notice, on the lease please. If it refers to 2 months notice being required after the fixed term then your girlfriend may now have a Contractual Periodic Tenancy and the agent could be correct. If it simply says, 2 months notice is required (but no mention of after the Fixed term) then she probably has a Statutory Periodic Tenancy which requires only 1 month from the tenant.
            IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

            Comment


              #7
              Can we stop referring to Ts SPT Notice period as 1 month, it is min of 1 month based on tenancy periods as stated by artful in#2
              Too many Ts think they can give just 1 cal month Notice at any time during SPT.

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