Please help! What is my notice period?!

[misskittyxxx]

Hi everyone,

 

I wonder if anyone can help me with a problem I can’t seem to find a clear solution for anywhere on the internet!

 

Last year I entered into an Assured Shorthold Tenancy Agreement which commenced on 1st September 2011 for 12 months – I continued to stay at the property after 31st August 2012 and my landlord didn’t follow this up with a new agreement or any communication.

 

I recently served notice to end my tenancy on my landlord via email on 18th November and by formal follow-up letter on 19th November.

 

I pay my rent monthly on the 1st day of each month – so I calculated that my last day at the property would be 31st December 2012 (i.e. the last day of the following rent period after notice was served),however my landlord is disputing this and thinks that I should have served 2months notice and therefore should be paying rent until 18th January 2013!

 

I argued that the tenancy has now become a statutory periodic tenancy because it now continues from month to month on the same terms. He is arguing that the tenancy is a contractual periodic tenancy and the notice period should be 2 months in line with the contract.

 

The relevant contract provisions are:

 

The Term 12 months beginning on 1st September 2011 (‘the fixed period’)

 

The Tenancy will then continue, still subject to the terms and conditions set out in this Agreement, from month to month from the end of this fixed period unless or until the Tenant gives notice that he wishes to end the Agreement as set out in Clause 4 overleaf, or the Landlord serves on the Tenant a notice under Section 21 of the Housing Act 1988, a new form of Agreement is entered into, or this Agreement is ended by consent or a court order.

 

4. Ending this Agreement

 

4.1. The Tenant cannot normally end this Agreement before the end of the Term. However, after the first six months of the Term, if the Tenant can find a suitable alternative tenant, and provided this alternative tenant is acceptable to the Landlord (the Landlord’s approval not to be unreasonably withheld) the Tenant may give notice to end the Tenancy on a date at least two months from the date that such approval is given by the Landlord. On the expiry of such notice, provided that the Tenant pays to the Landlord the reasonable expenses reasonably incurred by the Landlord in granting the necessary approval and in granting any new tenancy to the alternative tenant, the Tenancy shall end.

 

I have argued that clause 4.1 is a break clause and relates to the fixed period only – he is arguing that this clause also applies after the fixed period has expired. But if he is right then the clause doesn't make sense and is totally unfair?!

 

He is threatening to deduct the amount of rent which he has calculated to be from 1st Jan – 18th Jan 2013 from my deposit but I don’t think that he can simply just do this!

 

Please can you let me know your thoughts as to who is right here? I am seriously considering mediation services!

 

Thank you!

[sir_gilmour]

Hi misskittyxxx

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.

[havinastella]

I have moved your thread to the correct forum.

[mariner51]

Try also posting your query at http://www.landlordzone.co.uk/forums/forumdisplay.php?3-Residential-Letting-Questions

 

There may be some l'eagles there with better understanding of the wording requirements for a Contractual periodic T.

 

Does your Agreement start with 'Assured Shorthold Tenancy' and make any ref to rel legislation like HA 1988?

[Steve__M]

This contract is terribly confusing.

 

Clause 4 starts: "The Tenant cannot normally end this Agreement before the end of the Term. However..."

 

"the Term" is defined as 12 months. So the "However..." *implies* that what follows relates to the period between 6 months and the end of the Term. And given that the term requires you to find alternative tenants and to pay costs, it sounds like a break clause.

 

But while it sounds like a break clause it *does* continue to apply beyond the Term.

 

I would argue, therefore, that there is no intention for this clause to apply to the period beyond the term. And that therefore there is *no* term relating to terminating the agreement. In the absence of such a term, the statement that the tenancy continues "from month to month" must allow for the possibility that the tenant can give one month's notice that the tenancy does not continue.

 

But I am not a lawyer, so if you don't mind, I'll see what the folks at swarb legal forum think...

[smithy70]

I believe that he has to give you two months notice to quit but you would only have to give 1 month

[raydetinu]

The fixed term ( contract ) has ended and has reverted to a PST therefore one month is OK. You cant change that!

[misskittyxxx]

Thank you all - this is exactly what I thought after carrying out my research! I will stick to my original end of tenancy date and dispute any deductions he makes on my deposit as a result!

[45002]

Try also posting your query at http://www.landlordzone.co.uk/forums/forumdisplay.php?3-Residential-Letting-Questions

 

There may be some l'eagles there with better understanding of the wording requirements for a Contractual periodic T.

 

Does your Agreement start with 'Assured Shorthold Tenancy' and make any ref to rel legislation like HA 1988?

 

http://www.landlordzone.co.uk/forums/showthread.php?51869-Help!-Has-my-AST-become-an-SPT-or-a-CPT-!

[smithy70]

Thank you all - this is exactly what I thought after carrying out my research! I will stick to my original end of tenancy date and dispute any deductions he makes on my deposit as a result!

 

If you want me to check I have a friend who is a landlord and will tell me the absolute truth

[raydetinu]

Interesting! LL dont always know whats correct or even how write a contract!

LLzone usually prety good on contracts verbage.