Advice regarding notice period on periodic tenancy

[ChazzaBean]

Hiya there, really need some advice. Basically since december weve had a hellish time in our house, boiler broke 3 times, pipes burst, got a big hole in my ceiling thats now been there nearly a month so its freezing. Havent been able to actually live in the property for nearly 2 weeks whilst all this was going on.

So we decided to move out. Our tenancy was a fixed term agreement which started on 2nd Oct 2009 for 6 months, so that ran out march 2010. Im assuming from what ive read that this then rolled over to a periodic tenancy. Im going to attach 2 parts to this document obviously deleting any personal info just because i want a definate opinion before we serve our one months notice as our landlord says we have to give 2 months notice, as stated in clause 6.2.

 

Any help would be greatly appreciated, also in clause 3 it states that he holds the deposit. Weve checked the bond schemes and cant find our bond registered with any of the government appproved ones.

Thanks in advance xx

[ChazzaBean]

[Planner]

Both parts of the contract you have posted are unreadable.

 

Normally, after the end of the fixed term you will go onto a statutory periodic tenancy - with one months notice. You could be on a contractural periodic tenancy which requires 2 months notice - we really need to see the contract first though.

[ChazzaBean]

Sorry didnt realise it didnt work, have copied the 2 main sections i need advice on from the contract.

 

Our initial fixed term agreement was 6 months, thereafter it was just month by month. We didnt sign anything new so from what we can gather our tenancy has rolled over to a AST Periodic tenancy.

The problem is our landlord is saying we have to give 2 months notice to leave the property. Weve spoken to several organisations including Shelter who say this is not the case.

Our actual contract states :

 

Clause 1.1 The Landlord lets and the tenant takes the property known as (not including address) together with the furniture and effects set out or referred to in the schedule hereto from the 2nd October 2009 for a term certain of 6 months at the rent of (undisclosed) per calender month.

If on the last day of the term there is not subsisting : any notice served by the tenant under clause 6.2 of this agreement to bring the tenancy to an end nor, any notice served by the landlord under section 2 of the housing act requiring possession of the premises ;

Then the landlord shall let and the tenant shall take the premises at the rent payable under this agreement for a term of one month commencing on the day after the last day of the term and thereafter month to month.

 

And then clause 6.2 states ; The tenant may terminate this tenancy by serving atleast two months prior written notice on the landlord such notice to expire on the last day of the term or on any date thereafter which immediatley precedes a day on which the rent falls due.