Statutory Periodic Tenancy

[BusTraveller]

Hi!

 

Here's our situation and I hope I can get some reliable advise as it looks like you guys are very knowledgeable about this topic.

 

My wife and I are currently renting from a private landlord.

The signed rental agreement is dated from Jan 09, 2011 to Jan 8, 2012.

At the end of last year we were in email communications with the landlord but we never had a new contract setup or signed. We waited for a new proposed agreement to be sent but nothing ever came. Instead we just continued to pay the same rent as per the previous rental agreement.

Back then I read online about what is generally happening after an expired rental agreement. My understanding was that after the fixed term contract expires and in absence of any notice of termination the rental agreement continues as a statutory periodic tenancy.

 

Now we are looking to move and I today handed in my notice. I referred to a four week notice period but reading through this thread I believe it is actually one month.

 

However, my landlord only came back referring to a clause from the original rental agreement that states a 2 month notice period. I do not believe that this is applicable as this agreement expired back in January.

Obviously, I would like to get out asap and am wondering what period can the landlord legally impose, i.e. for what period will I be liable for the rent.

 

So we pay our rent every 9th of the month, does that mean that we can only terminate our lease for the 9th of September (as opposed to the 20th of August)?

 

Our flat is in a quite popular area and our rent is slightly below market, so if the landlord were to advertise the flat he should be able to easily find a replacement tenant within the 4 weeks or earlier.

 

The problem is that while we always paid our rent on time and never caused any delays we are not on the best terms with him as we complained about the condition of several fixings in the flat multiuple times. These requests for improvements have always been ignored or rejected and there was literally no communication since December last year when he classified us as "annoying tenants" that he is nevertheless wlliing to keep as there never any payment delays/issues.

 

So my question would be what is the earliest date I am entitled to leave the flat without any liabilities and can we make the landlord search for a replacement tenant (or find one ourselves) as opposed to just forcing us to pay up till the end when he could easily find someone else.

 

Thanks for your help, greatly appreciated! (and sorry for the never-ending thread)

[havinastella]

I have started your own thread for you!

[mariner51]

If your orig Agreement was an Assured Shorthold Tenancy and no extension was signed. then a Stat Periodic (rolling) tenancy was automatically created on 9th Jan. If rent is payable pcm then T can give just 1 cal month Notice, PROVIDED that Notice is served (received) by the end of 1 T period (8th) and will expire at end of next T period. If it is served even a day late, the Notice is not for 1 full T period, so expiry would then be delayed by a month to end of following T period.

So if you gave Notice on 20 July, it will expire on 8th Sept. You can move out earlier, subject to any clauses about unoccupied property, normally a max of 3 weeks, but you will be liable for property & rent until 8th Sept.

You could negotiate an early surrender with LL.

In effect, both you & LL are wrong with resp Notice periods, which are defined in Statute for SPTs. If LL had wanted to serve Notice, he would have to give min 2 months Notice with same restrictions on dates ie 8th Oct.

[raydetinu]

Just to check is any deposit protected?, just wondering as LL does not seem to up on the letting contract side?