Periodic shorthold tenency

[marklamar]

I have tried to make head and tail of this but come to no avail, So if anyone can give me a straight answer I will be amazed!

 

Ok back 8 months ago we signed a 6 month 'Assuredshorthold Tenancy agreement'.

 

The contract states; The Term is a fixed term of 6 months from the 9th day of july 2010 for a term expiring at 10am six months from the commencement except if that day is a bank holiday or a weekend and then this tenancy will expire the previous working day.

 

So now the 6 months are up it becomes a periodic tenancy so with that the landlord must give us 2 months notice and we give the agency on his behalf one month.

 

Now on the second page of the agreement it says; the landord or Tenant may end the tenancy by giving to the other not less than two months written notice expiring at any time after the expiration of the term. Such notice cannot expire between 23rd november and 10th Febuary (inclusive) and cannot expire on a weekend or bank holiday.

 

But under section 21 of the housing act 1988 it says; Where the tenancy has become a Statutory Periodic Tenancy (where the fixed-term has ended and no new agreement signed for another fixed-term) the tenant must give the landlord notice

So My question; IS THERE SUCH THING AS A CONTRACTED PERIODIC TENANCY AND ALTHOUGH WE HAVE SIGNED THE CONTRACT SAYING WE WILL GIVE 2 MONTHS NOTICE, DOES THE HOUSING ACT NOT APPLY AFTER THE FIXED TERM HAS BEEN SERVED?

I wait to hear from any response.

Marklamar.

[rebel11]

Here some useful links :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?189869-Contractual-Periodic-Tenancy-v-Statutory-Periodic-Tenancy

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?173761-periodic-tenancy-agreement-notice-period

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?163443-Contractual-Periodic-Tenancy-Minimum-Term

[MrShed]

I dont entirely understand the question to be totally honest.

 

The Housing Act is gospel. You need only give one months notice, to expire at the end of a rental period.

[mariner51]

The Term is a fixed term of 6 months from the 9th day of july 2010 for a term expiring at 10am six months from the commencement except if that day is a bank holiday or a weekend and then this tenancy will expire the previous working day.

 

I don't understand the above clause, appears too prescriptive to be legal, thus making it an unfair Term.

Who compiled it?

What do others think?

[marklamar]

The question is: As we have signed a contract stating we would give 2 months after the expired term does the housing act take affect! Thus allowing us to give one months notice!

[mariner51]

Based on info provided, the fixed term AST ended on 8th Jan? and automatically became a statutory periodic tenancy on 9 Jan if T still in occupation. If rent is payable monthly the periodic conditions are precise.T can give 1 months notice provided it is served (received) on or before the day before the next rent payment due, so served by 8th of month. Even if T moves out early rent is due for the full month until the following due rent date

eg next month rent due 9 Apr, T serves notice on 21st Mar moves out 21 Apr, rent payable to 8 Apr. If T still in residence on 9 Apr reset calculator.

[bedlington83]

eg next month rent due 9 Apr, T serves notice on 21st Mar moves out 21 Apr, rent payable to 8 Apr. If T still in residence on 9 Apr reset calculator.

T will still be resident on 9 Apr if he moves out on 21 Apr, rent is therefore payable up to (and including) 8 May.

 

mariner - I think you probably just got confused with dates

[mariner51]

Just having a junior moment!

[marklamar]

Ok I think there is confusion we have handed our notice in on the 8th of March as our rent comes out on the 9th Of the month so we have given the agency/LL one months notice. But as we have signed a contract stating:

the landord or Tenant may end the tenancy by giving to the other not less than two months written notice expiring at any time after the expiration of the term.

 

Does this mean we still have to give two months notice? or does the housing act over rule the contract?

[MrShed]

As stated above. Housing Act is gospel, contract is not. 1 months notice is all that is required.

[marklamar]

Well an update for all..... But thank you for all your help so far;

 

After being to see CAB (Citizens Advice Bureau) I was given some contacts for free advice, so I spoke to a very helpfull women from South west law (0117 314 6400) And she informed me that because of the contract of the fixed term had expired the clause: The landord or Tenant may end the tenancy by giving to the other not less than two months written notice expiring at any time after the expiration of the term. Still stands, even though it is now in a periodic shorthold tenancy.

 

But nether the less I have a friend who is a layer and he is looking into the whole sinario........ updates will follow!

[Aequitas]

After being to see CAB (Citizens Advice Bureau) I was given some contacts for free advice, so I spoke to a very helpfull women from South west law (0117 314 6400) And she informed me that because of the contract of the fixed term had expired the clause: The landord or Tenant may end the tenancy by giving to the other not less than two months written notice expiring at any time after the expiration of the term. Still stands, even though it is now in a periodic shorthold tenancy.

 

I will not say that words failed me. Words rarely fail me. However, I did open the window, shake my fist at the sky and cry out to heaven for vengeance. I do not believe it.

 

From what you say it is clear that you have a statutory periodic tenancy. There are occasions where the law is not black and white but this is not one of them. Section 5 (3) (e) of the Housing Act 1988 spells it out clearly:

 

The periodic tenancy referred to in subsection (2) above [i.e. a statutory periodic tenancy] is one [...] under which [...] the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy

 

So, so long as the tenancy is a statutory periodic tenancy and an assured tenancy, any contractual provisions relating to the giving of notice do not apply. Anyone setting themselves up to give advice to tenants, whether they charge for it or not, should know this. It is not an obscure provision contained in or arising under an old act or case that applies rarely.

[MrShed]

As stated above. Housing Act is gospel, contract is not. 1 months notice is all that is required.

 

As Aequitas said.

 

I shall quote, rinse and repeat my above post.

 

The law is absolutely clear on this.

[Ed999]

What do you make of Section 5 (4) of the 1988 Act?

 

(4) The periodic tenancy referred to in subsection (2) above shall not arise if, on the coming to an end of the fixed term tenancy, the tenant is entitled, by virtue of the grant of another tenancy, to possession of the same or substantially the same dwelling-house as was let to him under the fixed term tenancy.

 

 

Sub-section 4, quoted above, provides for certain circumstances in which a statutory periodic tenancy shall not arise. It refers to "the grant of another tenancy", i.e. the creation of a contractual tenancy.

 

Does it not have the effect of suppressing the creation of a statutory periodic tenancy, if a contractual periodic tenancy arises?

 

 

It seems to me that -

 

a. If there is no provision in the tenancy agreement for the tenancy to continue after the end of the initial fixed term, it would become a Statutory Periodic Tenancy.

 

b. If the tenancy agreement does make provision for the tenancy to continue, on a month by month basis, at the end of the fixed term, it would become a Contractual Periodic Tenancy.

 

c. The Housing Act 1988 does not specify any notice period in respect of a notice given by the tenant, therefore the notice period is of a contractual nature; hence the period of notice agreed in the tenancy agreement would therefore apply.