Landlord not accepting replacement tenants - wants to do repairs during notice period

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    #16
    My AST contract does say that at the end of the tenancy "it will carry on as a monthly contractual tenancy. You must give two month's notice. The Tenant must provide written notice of at least two months and the Landlord at least 2 months"

    Would this be considered a contractual periodic tenancy. Or do they require an different agreement and/or additional terms to be added? (it doesn't say "periodic" for example).

    And if this is a contractual periodic tenancy does the statutory right for one months notice (if paying rent month to month after the end of the fixed term) override the wording saying two months would still be required.

    If searched online and am finding conflicting views on that.

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      #17
      I don't see any reason why the ongoing tenancy is not a contractual, rather than statutory, one. It is unusual that the notice period is 'just' two months (no mention of alignment with rental), but in the absence of the tenancy conditions being contrary to statute, or unfair/unenforceable, the parties are free to agree what they like.

      My approach would be to seek to 'agree' an early surrender, so that you can check-out and so that the LL can do his maintenance jobs in peace, with some accommodation on the rent otherwise payable in the two month's notice period.

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        #18
        The wording of most tenancy agreements makes certainty about contractual vs periodic tenancy hard to achieve.
        This one uses the specific term, so I'd suggest that it's intended to.

        That would make the two month's notice a requirement.
        But it also makes things difficult for the landlord - when you protect the deposit you are asked to enter the length of the tenancy, and, if its a contractual periodic tenancy, you can't, for example.

        Negotiate.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #19
          Originally posted by ian90210 View Post
          And if this is a contractual periodic tenancy does the statutory right for one months notice (if paying rent month to month after the end of the fixed term) override the wording saying two months would still be required.
          This isn't a statutory right, and the terms of the tenancy override it.

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            #20
            Landlord refusing to budge and adamant he'll find new tenants once our two month's notice period is up (despite the fact the flat will be empty from next week).

            However I've since remembered that he failed to protect our deposit during the first 30 days (I've checked and it took him over 60 days to get round to doing it).

            I'm therefore now thinking I'll pay the rent for the notice period and then file a claim for compensation for failure to protect the deposit correctly - if I've read things correctly at the very least I'd get one month back that way meaning I'd be back to only paying a month's notice period (and could arguably end up with more if the judge gets annoyed by the landlords behaviour with regards to leaving all repairs to our notice period and changing his mind about our replacement tenants).

            Just goes to show that people should be reasonable at the end of tenancies to avoid stress like this. Especially when people have lived there 4 years, paid rent on time and not caused any issues!

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