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Emeye

Original Poster:

5,298 posts

106 months

[news] 
Tuesday 19th January 2010 quote quote all
Hello,

I was just about to end my 6 month Short Term tenancy agreement after living in the property for 18 months by giving a months notice, but I'm shocked to discover it requests 2 months notice!

In the past I only had to give 1 months notice! I pay monthly, and I obviously signed a contract, but do I have to legally give 2 months notice are are they trying it on?

I have had a good google, but can't find anything that relates to my problem.

Cheers for any advice.

UpTheIron

3,077 posts

151 months

[news] 
Tuesday 19th January 2010 quote quote all
I assume no tenancy agreement has been signed other than the original 6 month agreement?

IANAL, but my understanding is that you need to give at least one months notice (if paying monthly) to bring a periodic tenancy agreement to an end of a period end - e.g. rent is due on the 30th of each month, the notice must be up to and including the 29th.




Emeye

Original Poster:

5,298 posts

106 months

[news] 
Tuesday 19th January 2010 quote quote all
UpTheIron said:
I assume no tenancy agreement has been signed other than the original 6 month agreement?

IANAL, but my understanding is that you need to give at least one months notice (if paying monthly) to bring a periodic tenancy agreement to an end of a period end - e.g. rent is due on the 30th of each month, the notice must be up to and including the 29th.

Yes I think so. I don't remember signing another one.

Wings

4,433 posts

98 months

[news] 
Tuesday 19th January 2010 quote quote all
UpTheIron said:
I assume no tenancy agreement has been signed other than the original 6 month agreement?

IANAL, but my understanding is that you need to give at least one months notice (if paying monthly) to bring a periodic tenancy agreement to an end of a period end - e.g. rent is due on the 30th of each month, the notice must be up to and including the 29th.
Agree, but the OP needs to read.check the Assured Shorthold Tenancy Agreement to see what Notice the Landlord requires receiving from the tenant.

It is usual under the Housing Act that a Landlord requires the tenant to give One months Notice, with the Landlord having to give the tenant Two months Notice.


davidjpowell

7,214 posts

67 months

[news] 
Wednesday 20th January 2010 quote quote all
I suspect you will find that if you were giving notice at the end of the initial 6 month period you would have to give 2 months notice. Now you are in what is a periodic tenancy you only have to give one months notice (assuming that you pay rent monthly) to expire on a rent day.
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Size Nine Elm

5,130 posts

167 months

[news] 
Wednesday 20th January 2010 quote quote all
I suggest you read the contract. It will state exactly what your notice period is instead of guessing. If it says 2 months, and you signed it, its 2 months. If it says 1 month, its 1 month.

I'm on a short term assured tenancy, 6 month initial period, and rolling thereafter, and the notice period is 2 months.

Wings

4,433 posts

98 months

[news] 
Wednesday 20th January 2010 quote quote all
Size Nine Elm said:
I suggest you read the contract. It will state exactly what your notice period is instead of guessing. If it says 2 months, and you signed it, its 2 months. If it says 1 month, its 1 month.

I'm on a short term assured tenancy, 6 month initial period, and rolling thereafter, and the notice period is 2 months.
Once a fixed period Assured Shorthold Tenancy rolls over, past it's fixed term period, then the tenancy becomes a periodic tenancy, and if the rent is paid monthly, then EACH month becomes a statutory periodic tenancy, the same legislated for under the Housing Act 1988.

So to conclude, at the end of EACH monthly statutory periodic tenancy, the tenant could vacate/terminate that same monthly periodic tenancy.

The OP must therefore give the minimum of ONE months NOTICE in writing (if rent is paid monthly), with the Notice dated and given on the day in the month the rent is paid/due, and the Notice/Tenancy ending the day before the day in the month when the rent is paide due.

Edited by Wings on Wednesday 20th January 14:28

Emeye

Original Poster:

5,298 posts

106 months

[news] 
Thursday 21st January 2010 quote quote all
Wings said:
Once a fixed period Assured Shorthold Tenancy rolls over, past it's fixed term period, then the tenancy becomes a periodic tenancy, and if the rent is paid monthly, then EACH month becomes a statutory periodic tenancy, the same legislated for under the Housing Act 1988.

So to conclude, at the end of EACH monthly statutory periodic tenancy, the tenant could vacate/terminate that same monthly periodic tenancy.

The OP must therefore give the minimum of ONE months NOTICE in writing (if rent is paid monthly), with the Notice dated and given on the day in the month the rent is paid/due, and the Notice/Tenancy ending the day before the day in the month when the rent is paide due.
Cheers - I'm sure you are right - anyway I gave a months notice and the landlord has accepted without any argument - I reread the contract and the 2 months notice seemed to relate to the first 6 months but it's not very clear. The confusion came as my neighbour who is also moving out read his contract and had given 2 months notice and was determined I'd have to do the same!

I remembered a friend rented property for a living and she confirmed the same.

Thanks for everyone's help. smile

Wings

4,433 posts

98 months

[news] 
Thursday 21st January 2010 quote quote all
Emeye said:
Wings said:
Once a fixed period Assured Shorthold Tenancy rolls over, past it's fixed term period, then the tenancy becomes a periodic tenancy, and if the rent is paid monthly, then EACH month becomes a statutory periodic tenancy, the same legislated for under the Housing Act 1988.

So to conclude, at the end of EACH monthly statutory periodic tenancy, the tenant could vacate/terminate that same monthly periodic tenancy.

The OP must therefore give the minimum of ONE months NOTICE in writing (if rent is paid monthly), with the Notice dated and given on the day in the month the rent is paid/due, and the Notice/Tenancy ending the day before the day in the month when the rent is paide due.
Cheers - I'm sure you are right - anyway I gave a months notice and the landlord has accepted without any argument - I reread the contract and the 2 months notice seemed to relate to the first 6 months but it's not very clear. The confusion came as my neighbour who is also moving out read his contract and had given 2 months notice and was determined I'd have to do the same!

I remembered a friend rented property for a living and she confirmed the same.

Thanks for everyone's help. smile
If you have any further difficulty over the length of Notice on a periodic tenancy, then there are cases in law, that clearly legislates under section 5 of the Housing Act 1988, that the Notice period is ONE month.

No Tenancy Agreement or any other Agreement/Contract can change what is legislated in Law.

chr15b

3,203 posts

73 months

[news] 
Sunday 24th January 2010 quote quote all
one thing to watch out for, been caught out on this one more than once wink

some places state in the contract that the notice period runs from rent day to rent day, ie if you pay rent on the 1st of the month then the notice must run 1st - 31st they then wont accept notice given on say the 15th to start until the next rent cycle.
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