Statutory Periodic Tenancy

[jake1592]

Hi all,

 

I would like some advice, we are looking to move from our current rented property and recently wrote to the agency advising of our intent and gave our one months notice, they have written back stating we signed a Statutory Periodic Tenancy which requires us to provide 2 months notice?

 

I have looked through this and other forums and believe that as a "Statutory Periodic Tenancy" by law we are required to only give one months despite this new agreement.

 

Can anyone help!!

[sequenci]

Hello there,

 

Was the original tenancy agreement an Assured Shorthold?

 

BTW I'm moving this post to the rent section!

[jake1592]

Yes, we originally moved in in 2007 with a years AST which ended in Nov 08 which is when we signed a Statutory Periodic Tenancy which states we must give 2 months notice.

[sequenci]

Hi there,

 

I've just researched this for you. The reason the landlord asked you to sign that information is so that he/she can evict YOU with two month's notice at any point.

 

If YOU wish to end the tenancy, the notice has to:

 

be in writing; and

 

be for at least 28 days (or, if the tenancy is one in which the rent is paid at longer intervals than this, for example, every three months, the notice should be for that period);

and

 

expire on the last day or the first day of a complete period of the tenancy, for example, if the first day of a period of a weekly tenancy is a Friday, the notice to quit must expire on a Thursday or a Friday. If a monthly tenancy began on the 20th of the month, the notice to quit must expire on the 19th or 20th of the month. Although the first day of a period of the tenancy may be the same day as the rent is paid, this is not always the case, for example, a weekly tenancy may have started on a Thursday, but the rent day be agreed as the Monday.

 

Hope that makes sense!

[jake1592]

Thanks sequenci, I thought that was the case.

 

What should i advise the lettings agent, is this documented anywhere? I know if i go to them with this information they will just say that as we signed the agreement we have to pay!

[sequenci]

you could check the shelter website http://www.shelter.org.uk

 

actually, they are worth a call!

[jake1592]

Thanks for your help, I will check with Shelter.

[sequenci]

Thanks for your help, I will check with Shelter.

 

Let me know how you get on sir!

[Aequitas]

You say:

 

"...we signed a Statutory Periodic Tenancy which states we must give 2 months notice."

 

"Signing" and "statutory periodic tenancy" do not really go together. If you signed something agreeing that you had a periodic tenancy then you may (it depends on the wording) have a contractual periodic tenancy. If that is the case and two months' notice was agreed then you have to give two months' notice. I think we need to know the exact wording of what you signed.

[jake1592]

Hi Aequitas

 

The exact wording is as follows:

 

""this letter is to confirm that when the Assured Shorthold Tenancy Agreement expires on the 15/11/08 it will continue as a Statutory Periodic Tenancy, whereby either party may terminate this Agreement upon providing at least two months prior notice in writing, such notice to be given on or before the 15th day of the month."

 

The fact they mention this is now a SPT makes me believe we only have to provide 1 months notice.

 

Thanks

[Aequitas]

Hi Aequitas

 

The exact wording is as follows:

 

""this letter is to confirm that when the Assured Shorthold Tenancy Agreement expires on the 15/11/08 it will continue as a Statutory Periodic Tenancy, whereby either party may terminate this Agreement upon providing at least two months prior notice in writing, such notice to be given on or before the 15th day of the month."

 

The fact they mention this is now a SPT makes me believe we only have to provide 1 months notice.

 

Thanks

 

More or less what I was expecting. Typical agent's drafting! The agent has, as agents often do, confused the issue. First of all if no one had done anything there would have been an SPT so there was really no need to confirm it. He did though confirm it. The question is do we simply stop immediately before the word "whereby" and argue that what follows is a misdescription of the SPT? Or, since detail is specified, do we have to read it as if the word "statutory" were missing? I am inclined to think that the former interpretation is correct on the basis that in the case of ambiguity the interpretation most favourable to the tenant should apply.

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.