Statutory Periodic Tenancy

[Pangolin]

We have decided to move out of our rented accomodation. Currently, we are on a Statutory Periodic Tenancy (given that we have lived in the property for 2 years, well past the fixed term period).

I understand that the minimum notice that a landlord must give is 2 months to ask the tenants to quit the property. What is the minimum notice that we, as tenants, must give to quit the property? I can find no mention that tenants are also required to give 2 months notice, however, I have found information that we only have to give one month's notice (to the end of the next rental period).

In our contract, it states:

"Where no notice has been received [to quit at the end of the fixed term,] this tenancy will revert to a statutory periodic tenancy requiring two months notice from either party to end the lease."

Are we bound to the two months notice indicated this statement? Or are we still bound to the statutory periodic tenancy rules (which I understand only requires 1 month's notice)?

I would read the contract as saying that: we will revert to a Statutory Periodic Tenancy and it is this that requires 2 months notice.

I would appreciate any help anyone can give!!

Thanks,

Alex

[citizen1976]

A stat tenancy is just that - bound by statute and not contract. Statute will overule contract law if this ever ended up in court.

A SPT can be determined (ended) by giving a months notice to end on the next rent due date. i.e if the contract date is 18th of the month, then you could serve notice now on your landlord and the tenancy would determine on 18th Jan. You could give notice at any point between now and 18th Dec and determine the tenancy on 18th Jan, but as from 19th December you wouldl then go on to 18th Feb.

Hope that makes it clear?

Cheers.

[Nightmare4banks]

Pangolin,in reply to your post:

I totally agree with citizen1976 regarding the fact that:

1.You need to give your landlord 1 month notice only.What is mentioned in your tenancy agreement is a load of rubbish.

2.the dates etc.

[Pangolin]

Thanks for the confirmation posts.

Where does it state that I only have to give 1 month's notice? I've been through the 1988 housing act but can't find anything on it.

Thanks,

[blacksheep1979]

I think (may be wrong) but its determined by the period of the tennancy ie you have a month to month agreement, so have to give one months notice. But as the others have said, its definately one months notice.

[Jhawc24]

This is taken from the Shelter website:
Periodic tenancies
If your agreement is periodic (ie. rolling from week to week or month to month), you normally have to give at least four weeks' notice to end it, or a month if you have a monthly tenancy. The notice must be in writing and must end on a day when the rent is due, or the day before. Ask an adviser about the dates if you're in any doubt.
The only exceptions to this are:

• <LI class=bullet>if your landlord agrees to accept a shorter notice period (see above), or agrees that someone else can take your place (see below) <LI class=bullet>if you are an excluded occupier, in which case you only have to give whatever notice is specified in your agreement, or 'reasonable notice', which is usually the same as one rental period (ie. one week, if you pay the rent weekly), or
• if you pay rent less often than monthly. If this is the case, you have to give notice equivalent to a rental period (ie 3 months, if you pay the rent quarterly)

Regards, Joan.

[richardmorgan_uk]

can anyone tell me if an assured shorthold tenancy is the same as a statutory periodic tenancy

[Joa]

nope. AST becomes periodic if it "rolls" over from AST without formal renewal. it then continues on monthly basis (if the rent is paid monthly). the main practical difference is that the landlord doesn't have to have any special grounds whatsoever to seek possession and can issue a notice at any time. Notice should be for 2 mnths and expire a day before your rent is due.

[Aequitas]

Originally Posted by Joa

...and expire a day before your rent is due.

Not quite. It should expire on the last day of a period of the tenancy, which may not necessarily be a rent day.

[Joa]

right, thanks Aequitas.

[Nightmare4banks]

Hi all!

I would just like to add:

1.A periodic tenancy could also be an Assured Tenancy - these types of tenancies are not around as much these days - pre 1996 tenancies could have been possibly drafted as Assured Shorthold Agreements but in fact were Assured Agreements which give tenants security of tenure.
The Housing Act 1996 cleared up the confusion - i.e.unless specifically written that the tenancy is an Assured Tenancy it would automatically be considered to an Assured Shorthold Tenancy.

2.If the tenant has a periodic assured tenancy it would be much more difficult for the owner to evict as mentioned in point 1.

3.Also,regarding Assured Shorthold Agreements once the fixed term expires the owner can evict fairly easily but must follow the correct procedures i.e. 2 month notice and then followed by the proper possession papers etc.

I hope you find this information useful.

If you have any more questions,just ask.

Keep us posted.

All the best!

[kae]

##moved to new thread##

[panayiotis]

Would any one know who's responsibility is to pay for the Statutory Periodic Tenancy agreement? My agencies want's me to pay half of it. can they do that??

[Nightmare4banks]

panayiotis,

How much have you been asked to pay?

The answer to this question should enable me to hopefully assist you further.

[Aequitas]

"Statutory Periodic Tenancy agreement" is a contradiction in terms. If a tenancy is agreed it is not statutory. So long as the tenant is in occupation, a statutory tenancy arises when any type of agreed tenancy comes to an end.

Quite apart from all this, a tenant cannot be made to pay the costs of a tenancy unless he agrees to pay them. See the Cost of Lease Act 1958 - Results within legislation - Statute Law Database

[Nightmare4banks]

I would jut like to add:

This seems to be an admin fee which most agencies charge regardless of what they call it.

[Xena123]

Hi,

Please can someone help me. I am really stuck with my tenancy and the agency are stitiching me up - I'm sure of it.

My Fixed Term Tenancy for 6 months rolled over. I got charged £100 for a renewal fee but I have received no renewal paperwork yet - its been over 2 months already.

I gave notice to quit, they put the pressure on and said I had to give 2 months notice. I found out recently I could have walked away on the tenancy end date - but they advised me incorrectly.

The tenancy officially ended on 9th December. They didnt accept my notice until 11th December 2007 by which time in the absence of any renewal paperwork it became a Statutory Periodic which I pay monthly rent on (9th of each month). The agency have said I cannot leave the flat until 8th March 2008.

I have been advised that I could have walked away on 11th Jan 08 which would be one months full notice. I have also been advised that as 11th Dec is past the payment due date for that month, I can leave my flat on 8th Feb. The agency are insisting I leave on 8th March as it says 2 months notice in my contract - but I keep finding references on the internet (and the above conversation) that I need to give only 4 weeks notice. The agency said the tenancy rolled over so the previous terms still apply so therefore it would be from 11th Dec to 8th March (to go from 9th Jan to 8th March).

Please can you advise me on this one. The agent is being so rude and difficult.

Many thanks guys