Being a bit dim on tenancy agreement

[croyde]

I think.

I have been in this property since Oct '15 so about a year and a half. There was a break clause at 6 months, the fixed term was 1 year and then a rolling one month contract.

I may have to move sadly but my landlord says it's a 2 month notice period to end the tenancy. Makes finding something I like a bit (a lot) harder, unless I want to pay double rent for a few weeks.

Not something I want to do as I need to move as money is very tight. And BTW what happened to the business of banning estate agents from charging exorbitant fees to tenants. Seems they are still doing it.

Anyhow, here is the bit in my agreement that states 2 months, just want to make sure that I read it correctly:

[i] THE term shall continue on a monthly basis (notwithstanding expiration of the fixed period)
until either the Landlord or the Tenant gives to the other not less than two months notice in
writing to expire on any Rent Day which in the case of any notice given by the Landlord to
the Tenant falls on or after a date 12 months from the latter of the date hereof (for the
avoidance of doubt any notice given by the Tenant to the Landlord can expire on any Rent
Day) and the term commencement date and in either event on the expiration of any such
notice the tenancy hereby created shall cease and determine but without prejudice to any
antecedent breach of agreement. [/i]

Just seems strange that it states that the term will continue on a monthly basis, yet 2 months notice is required. Cheers.

Edited by croyde on Wednesday 26th April 14:17

[xjay1337]

Where's the bit that states you have 1 month notice?

It's normal for after the initial period (say 12 months) if you don't agree another fixed term, to go onto a rolling monthly.

[Jobbo]

It becomes a monthly periodic tenancy after the initial 12 months, which means you pay rent monthly. But the 2 months' notice is quite clear. That's not inconsistent with paying rent monthly. Make sure if you give notice, it expires on a rent payment date.

[TheAngryDog]

2 months is the norm. The LL has to give you 2 months by law (Section 21), so it is only right that you should have to give 2 months as well. Your contract states that. It is no different for people in 6 month agreements, if they want to leave after 3 months then the same applies.

[croyde]

Cheers all.

My confusion came from some generic paperwork from the agent about renting in general.

It stated that once on a rolling monthly the LL had to give 2 months notice yet the tenant needed to only give 1 month.

Edited by croyde on Wednesday 26th April 15:07

[Jobbo]

croyde said:

Cheers all.

My confusion came from some generic paperwork from the agent about renting in general.

It stated that once on a rolling monthly the LL had to give 2 months notice yet the tenant needed to only give 1 month.

Edited by croyde on Wednesday 26th April 15:07

That's what the law says is the minimum, but the notice period can be increased in the tenancy document. IIRC, the tenant's notice period can't be longer than the landlord's but I don't deal with ASTs often enough to be sure without looking it up, and nobody's paying me to do that

[2Btoo]

Jobbo said:

That's what the law says is the minimum, but the notice period can be increased in the tenancy document. IIRC, the tenant's notice period can't be longer than the landlord's but I don't deal with ASTs often enough to be sure without looking it up, and nobody's paying me to do that

No need to look it up - you're correct anyway.

[croyde]

Cheers again all. That's cleared that up but as an aside weren't agent's fees to be abolished about 2 budgets ago?

[LemonParty]

From here:
https://landlordnews.co.uk/confusion-timescale-let...

it says that there isn't a time scale in place yet

[anonymous-user]

I was under the impression that once on a rolling periodic contract then the notice was 1 for tenant and 2 for landlord irrespective of what any AST states.

Is this not the case?

[Wings]

As others have posted your Assured Tenancy agreement has possibly now rolled over into a monthly Statutory Periodic Tenancy agreement , the same that is brought to an end by serving one calendar month Notice. So if you wanted to end this tenancy next month, and your tenancy started ( usually rental payment day) on the 28th day of the month, then you would need to date and serve your one month Notice on and before the 28th April, to end on 27th May 2017.

As for agents fees, there is presently a government’s consultation paper on the banning of certain agents fees, link to consultation paper;-

https://www.gov.uk/government/uploads/system/uploa...

[2Btoo]

garyhun said:

I was under the impression that once on a rolling periodic contract then the notice was 1 for tenant and 2 for landlord irrespective of what any AST states.

Is this not the case?

Those are the minimum periods but an AST may dictate longer ones.

[anonymous-user]

2Btoo said:

garyhun said:

I was under the impression that once on a rolling periodic contract then the notice was 1 for tenant and 2 for landlord irrespective of what any AST states.

Is this not the case?

Those are the minimum periods but an AST may dictate longer ones.

Is a longer term, once you go periodic, legally enforceable though? I always thought it was one of those 'statutory' rights that could not be overwritten by a contract.

Happy to always learn

[anonymous-user]

garyhun said:

Is a longer term, once you go periodic, legally enforceable though? I always thought it was one of those 'statutory' rights that could not be overwritten by a contract.

Nope, you are correct, it reverts to L&T Act, so only 1 month required.

[FrankAbagnale]

Assuming you have not signed a new agreement, you are now on a periodic version of your initial (AST) contract.

You are required to serve one months notice from the rent due date. Don't serve it a day after your rent due date!

Your landlord is required to serve you two months notice.

Some agents don't have this explained in their contracts, or even try to avoid the 1 month notice period completely. But, as a tenant in your situation it is one months notice as some have correctly pointed out above.

Edited by FrankAbagnale on Wednesday 26th April 17:27

[Jobbo]

digimeistter said:

garyhun said:

Is a longer term, once you go periodic, legally enforceable though? I always thought it was one of those 'statutory' rights that could not be overwritten by a contract.

Nope, you are correct, it reverts to L&T Act, so only 1 month required.

Depends whether the AST reverts to a statutory periodic tenancy (where statute applies, i.e. the minimum notice periods above) or expressly becomes a contractual periodic tenancy which is a continuation of the AST on the same terms, i.e. including the longer notice periods.

[dazwalsh]

Ive never known of an AST with no fixed term so once AST expires your on a periodic no matter what the expired AST says, so one months notice is correct.

[croyde]

Oh. The landlord's office was adamant it is 2 months as written in the agreement I quoted.

So they are wrong and I can insist on one month since it has been well over a year?

[anonymous-user]

croyde said:

Oh. The landlord's office was adamant it is 2 months as written in the agreement I quoted.

So they are wrong and I can insist on one month since it has been well over a year?

1 month - yes!

[dazwalsh]

croyde said:

Oh. The landlord's office was adamant it is 2 months as written in the agreement I quoted.

So they are wrong and I can insist on one month since it has been well over a year?

Yes your original AST expired meaning you are no longer bound by its conditions and instead automatically roll on to a periodic tenancy, where one month notice is required.