Statutory Periodic Tenancy

[Pangolin]

We have decided to move out of our rented accomodation. Currently, we are on a Statutory Periodic Tenancy (given that we have lived in the property for 2 years, well past the fixed term period).

 

I understand that the minimum notice that a landlord must give is 2 months to ask the tenants to quit the property. What is the minimum notice that we, as tenants, must give to quit the property? I can find no mention that tenants are also required to give 2 months notice, however, I have found information that we only have to give one month's notice (to the end of the next rental period).

 

In our contract, it states:

 

"Where no notice has been received [to quit at the end of the fixed term,] this tenancy will revert to a statutory periodic tenancy requiring two months notice from either party to end the lease."

 

Are we bound to the two months notice indicated this statement? Or are we still bound to the statutory periodic tenancy rules (which I understand only requires 1 month's notice)?

 

I would read the contract as saying that: we will revert to a Statutory Periodic Tenancy and it is this that requires 2 months notice.

 

I would appreciate any help anyone can give!!

 

Thanks,

 

Alex

[citizen1976]

A stat tenancy is just that - bound by statute and not contract. Statute will overule contract law if this ever ended up in court.

 

A SPT can be determined (ended) by giving a months notice to end on the next rent due date. i.e if the contract date is 18th of the month, then you could serve notice now on your landlord and the tenancy would determine on 18th Jan. You could give notice at any point between now and 18th Dec and determine the tenancy on 18th Jan, but as from 19th December you wouldl then go on to 18th Feb.

 

Hope that makes it clear?

 

Cheers.

[Nightmare4banks]

Pangolin,in reply to your post:

 

I totally agree with citizen1976 regarding the fact that:

 

1.You need to give your landlord 1 month notice only.What is mentioned in your tenancy agreement is a load of rubbish.

 

2.the dates etc.

[Pangolin]

Thanks for the confirmation posts.

 

Where does it state that I only have to give 1 month's notice? I've been through the 1988 housing act but can't find anything on it.

 

Thanks,

[blacksheep1979]

I think (may be wrong) but its determined by the period of the tennancy ie you have a month to month agreement, so have to give one months notice. But as the others have said, its definately one months notice.

[Jhawc24]

This is taken from the Shelter website:

Periodic tenancies

If your agreement is periodic (ie. rolling from week to week or month to month), you normally have to give at least four weeks' notice to end it, or a month if you have a monthly tenancy. The notice must be in writing and must end on a day when the rent is due, or the day before. Ask an adviser about the dates if you're in any doubt.

The only exceptions to this are:

• if your landlord agrees to accept a shorter notice period (see above), or agrees that someone else can take your place (see below)
• if you are an excluded occupier, in which case you only have to give whatever notice is specified in your agreement, or 'reasonable notice', which is usually the same as one rental period (ie. one week, if you pay the rent weekly), or
  
• if you pay rent less often than monthly. If this is the case, you have to give notice equivalent to a rental period (ie 3 months, if you pay the rent quarterly)

Regards, Joan.

[richardmorgan_uk]

can anyone tell me if an assured shorthold tenancy is the same as a statutory periodic tenancy

[Joa]

nope. AST becomes periodic if it "rolls" over from AST without formal renewal. it then continues on monthly basis (if the rent is paid monthly). the main practical difference is that the landlord doesn't have to have any special grounds whatsoever to seek possession and can issue a notice at any time. Notice should be for 2 mnths and expire a day before your rent is due.

[Aequitas]

...and expire a day before your rent is due.

 

Not quite. It should expire on the last day of a period of the tenancy, which may not necessarily be a rent day.

[Joa]

right, thanks Aequitas.

[Nightmare4banks]

Hi all!

 

I would just like to add:

 

1.A periodic tenancy could also be an Assured Tenancy - these types of tenancies are not around as much these days - pre 1996 tenancies could have been possibly drafted as Assured Shorthold Agreements but in fact were Assured Agreements which give tenants security of tenure.

The Housing Act 1996 cleared up the confusion - i.e.unless specifically written that the tenancy is an Assured Tenancy it would automatically be considered to an Assured Shorthold Tenancy.

 

2.If the tenant has a periodic assured tenancy it would be much more difficult for the owner to evict as mentioned in point 1.

 

3.Also,regarding Assured Shorthold Agreements once the fixed term expires the owner can evict fairly easily but must follow the correct procedures i.e. 2 month notice and then followed by the proper possession papers etc.

 

I hope you find this information useful.

 

If you have any more questions,just ask.

 

Keep us posted.

 

All the best!

[kae]

##moved to new thread##

[panayiotis]

Would any one know who's responsibility is to pay for the Statutory Periodic Tenancy agreement? My agencies want's me to pay half of it. can they do that??

[Nightmare4banks]

panayiotis,

 

How much have you been asked to pay?

 

The answer to this question should enable me to hopefully assist you further.

[Aequitas]

"Statutory Periodic Tenancy agreement" is a contradiction in terms. If a tenancy is agreed it is not statutory. So long as the tenant is in occupation, a statutory tenancy arises when any type of agreed tenancy comes to an end.

 

Quite apart from all this, a tenant cannot be made to pay the costs of a tenancy unless he agrees to pay them. See the Cost of Lease Act 1958 - Results within legislation - Statute Law Database

[Nightmare4banks]

I would jut like to add:

 

This seems to be an admin fee which most agencies charge regardless of what they call it.

[Xena123]

Hi,

 

Please can someone help me. I am really stuck with my tenancy and the agency are stitiching me up - I'm sure of it.

 

My Fixed Term Tenancy for 6 months rolled over. I got charged £100 for a renewal fee but I have received no renewal paperwork yet - its been over 2 months already.

 

I gave notice to quit, they put the pressure on and said I had to give 2 months notice. I found out recently I could have walked away on the tenancy end date - but they advised me incorrectly.

 

The tenancy officially ended on 9th December. They didnt accept my notice until 11th December 2007 by which time in the absence of any renewal paperwork it became a Statutory Periodic which I pay monthly rent on (9th of each month). The agency have said I cannot leave the flat until 8th March 2008.

 

I have been advised that I could have walked away on 11th Jan 08 which would be one months full notice. I have also been advised that as 11th Dec is past the payment due date for that month, I can leave my flat on 8th Feb. The agency are insisting I leave on 8th March as it says 2 months notice in my contract - but I keep finding references on the internet (and the above conversation) that I need to give only 4 weeks notice. The agency said the tenancy rolled over so the previous terms still apply so therefore it would be from 11th Dec to 8th March (to go from 9th Jan to 8th March).

 

Please can you advise me on this one. The agent is being so rude and difficult.

 

Many thanks guys

[Aequitas]

A fixed term tenancy ends when it ends; any requirement to give notice can be ignored.

 

Any notice provisions in a tenancy agreement which purport to deal with notice after the fixed term comes to an end are a legal nonsense; the exception is if the agreement provides for the tenancy to continue as a periodic tenancy and the provisions relate to the periodic tenancy.

[Xena123]

Hi Aequitas,

 

Thanks for your response.

 

As the agent put so much pressure on me and advised me incorrectly I was not able to walk away when my 6months fixed term tenancy ended. It therefore rolled over to a statutory periodic as they did not send any renewal paperwork - which they are now saying has to follow the same terms and conditions as the previous fixed term agreement.

 

I don't understand where you have said "the exception is if the agreement provides for the tenancy to continue as a periodic tenancy and the provisions relate to the periodic tenancy." My tenancy agreement rolled over, nothing has been signed still. Do I still have to give 2months notice or do I just give 4weeks?

 

I keep finding references that it should be 4weeks notice and the agent is incorrect by making me give 2 months notice (well in my case its is 1 day less than 3 months notice).

 

Can you please advise what is correct please?

 

Many thanks,

[Aequitas]

4 weeks is the minimum period for a notice to quit.

 

If you have a weekly tenancy the notice period is four weeks.

 

If you have a four-weekly tenancy the period is four weeks.

 

If you have a monthly tenancy the period is a calendar month.

 

If under the fixed term tenancy you paid rent weekly you have a weekly periodic tenancy; if you paid rent every four weeks, the tenancy is four-weekly; and if you paid monthly, it is monthly.

 

The notice must expire on either the first or last day of a rent period.

 

The first rent period started the day after the fixed term came to an end and the subsequent periods are calculated accordingly.

[Bob Downing]

Hello. We had a ten-year Assured Tenancy until January last year and since then, as I understand it, we have been on a SPT. I also understand that in this situation we are effectively guaranteed longevity of this accommodation unless we fall behind in our rent or are in non-compliance with one of the terms of the original agreement.

 

Is this correct, would you know?

 

I also wonder, in the current climate, what would happen if the landlord became bankrupt and was forced to sell the house.

 

Thanks

 

Bob

[MrShed]

No thats not correct. Can you create a new thread, and in that explain the situation that resulted in your moving from an assured tenancy to a SPT?

[Bob Downing]

Have done MrShed. Thread is 'Assured Tenancy to Statutory Periodic Tenancy'.

[Glass7]

Many thanks for the insightful discussions.

 

I've got a very related question, which I don't think is covered in the thread so far.

 

I hope it's ok to continue in this thread rather than create a new one.

 

 

So here's the scenario:

 

- currently on a periodic contract (after agreed renewal of initial shorthold tenancy agreement)

 

- rent is paid monthly; due date for rent is the 6th of each month

 

- gave notice on December 18th for moving out on January 23rd (i.e. gave more than a month's notice)

 

- December & January rents were paid on time on the 6th of each month (i.e. essentially the rent is paid until February 5th)

 

- the problem is we want to move out on January 23rd (as stated above, we gave more than a month's notice on Dec 18th)

 

 

The question:

 

Taking this into account...

 

If you have a monthly tenancy the period is a calendar month.

 

...would I be right to claim that the portion of the rent between January 23rd - February 5th should be returned to me with the deposit?

 

(assuming here that the property will not be rented to new tenants by January 23rd)

 

If you can also kindly include a reference to the legal basis used for your reply it would be very much appreciated.

 

 

In an email, I have the following note from the property agent:

 

Please note that on a periodic contract you need to give at least 1 months notice that must end on the day before the period of the contract starts.

Hence in your case the period of the contract ends on the 5th of each month, so notice needs to be give on or before the 5th of the preceding month.

 

I understand the agent's point, but it is my impression that this would apply if we were to move out on January 6th (i.e. we should have given notice 'on or before the 5th of the preceding month', i.e. on or before December 5th).

 

Many thanks!

Edited January 14, 2009 by Glass7

[Steve__M]

Everything I've learnt here and in reading around indicates that the agent is right. I believe that if they are able to get tenants in before the 5th February you'd be entitled to a partial refund.