AST defaulting to statutory periodic tenancy notice period

[ec41hw]

Hi,

 

I apologise in advance as i'm sure this question has been asked before, I really need to make sure my thinking is correct before challenging my landlady (again).

 

I've been in my flat for around 22 months now and began with a fixed term AST for 1 year with monthly payments. The only Termination time was at the 6 months "Break point" and included a 2 month notice period.

 

At the end of the year the landlady and i agreed to allow the contract to roll on a monthly basis (for the past 10 months).

 

On the 12th June I gave written notice saying I'll be out of the flat within one month (also aligned to the date of rental payment).

 

She replied saying that i had to serve two months notice as in line with the original AST.

 

I checked the contract and according to that it states:

"16.2 If the Tenant stays in the property after the Tenancy has expired then a statutory periodic tenancy will arise on a monthly basis".

 

Having done some reading around my understanding is that the tenant only has to provide one months notice whilst the landlady is required to provide two months notice in the case of defaulting to a a statutory periodic tenancy. Is this right?

 

I'm hoping to go back to the landlady and say. Here's my contract saying i am on a statutory periodic tenancy, i have no obligation then to serve more than one month of notice following my last rental payment.

 

I have quite a big rental deposit that i could do with so don't want to become embroiled in a war over it!

 

Many thanks in advance.

[sequenci]

Hello there. You're quite right, it's likely to be a month - but there *can* be a few exceptions.

 

This is a very good guide:

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_periodic_agreement

 

 

Best wishes,

 

Seq.

[raydetinu]

Yep, one month.

When you leave claim your deposit back of the scheme direct, you should get in 14 days; up to LL to make any claim or deductions with them.

Any amount not in dispute you should get straight away.

[ec41hw]

thanks for all the help!

[mariner51]

Actually SPT rules state 'min 1 clear month to coincide with T periods' for T and min 2 months for LL Notice.

So it depends on when T notice was served. If SPT commenced on 1st, with rent payable pcm and NTQ was served (received) on 12th June, it will expire on 31 Aug (last day of T)

Actual rent payment days often coincide with start of T periods, but not always.