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nuada
30-11-2005, 13:12 PM
Hello.
I wonder if anyone can help with a question about an assured shorthold tenancy that has reached the end of the fixed term and now runs month to month. Can a periodic tenant give one month's notice at any time, or does it have to be on a rent day? There is nothing relevant specified in the tenancy agreement.
Thanks in advance for any advice.

MrShed
30-11-2005, 13:18 PM
You need to give one rental period notice. So give notice the day before your rent is due to leave on the next rental payment day.

nuada
30-11-2005, 13:25 PM
Thanks. Just wondered if I could give notice partway through the period. My rent is due on the 28th of each month but could I give notice on say 1 December 2005 and move out 1 January 2006 (rather than waiting until 28 December to give notice and having to stay in the property for an extra month)? My letting agent has said they will only accept notice on a rent day as the tenancy is periodic.

MrShed
30-11-2005, 13:31 PM
You CAN give notice part way through a month, but not to end in a months time, if you see what I mean. It will just mean you are giving more than one months notice. In your situation you would have to give notice by the 28th of december to leave on 28th Jan. Unless of course you come up with some other agreement with the agent.

nuada
30-11-2005, 13:53 PM
Okay, thanks very much.

Paul_f
02-12-2005, 08:26 AM
The tenant can give one month's Notice at anytime and the landlord must accept it if the tenant wasn't informed in writing how to determine the agreement, even if it's mid-way through a rental period; this clause should in fact be in all AST's. You can't hold the tenant to ending the tenancy on the last day of a rental period unless they know what to do and have been told about it!

MrShed
02-12-2005, 08:34 AM
Oh ok paul thanks for clarification....question though, if a tenant does give notice to end say half way through a rental period, what happens with the rent? Must it be returned/paid on a pro-rata basis?

Energise
02-12-2005, 10:12 AM
The tenant can give one month's Notice at anytime and the landlord must accept it if the tenant wasn't informed in writing how to determine the agreement, even if it's mid-way through a rental period; this clause should in fact be in all AST's. You can't hold the tenant to ending the tenancy on the last day of a rental period unless they know what to do and have been told about it!

But any clause to "determine" in an AST becomes void when it becomes periodic.

Painsmith;
"Another common clause in a tenancy Agreement is a clause stating that if the tenancy becomes periodic then the Tenant must give one or two months notice of his intention to terminate the Agreement. Can such a clause be enforced? Not if the Judge is aware of Section 5 of the Housing Act 1988 which clearly states that any clause in a fixed term Assured Shorthold Tenancy which makes provision for determining the tenancy shall not have effect once the tenancy becomes periodic. The notice clause will therefore be void."

charger
04-12-2005, 10:01 AM
Excuse me Mr Shed
I might have misunderstood what you said, but pls let me ask this ;#
The tenant can give a month's notice, even if he has signed a contract of 6 months, and the landlord cannot do that ?

First case : The tenant signes a contract for six months, and after two or three months he decides to leave by giving me one month notice ; Is that correct, and can i withold the deposit ?
Second case : The tenant sign a six months contract/the landlord for whatever reason decides to get rid of him by giving one month notice ;correct or is it two months notice ? and even so can a landlord do that ?
ta, i appreciate your advise on this pls.

Energise
04-12-2005, 10:26 AM
Excuse me Mr Shed
I might have misunderstood what you said, but pls let me ask this ;#
The tenant can give a month's notice, even if he has signed a contract of 6 months, and the landlord cannot do that ?

First case : The tenant signes a contract for six months, and after two or three months he decides to leave by giving me one month notice ; Is that correct, and can i withold the deposit ?

It would be a breach of contract in the first 5 months.

Second case : The tenant sign a six months contract/the landlord for whatever reason decides to get rid of him by giving one month notice ;correct or is it two months notice ? and even so can a landlord do that ?

Landlord must give 2 months notice

ta, i appreciate your advise on this pls.

There is no remedy for a landlord to obtain possesion in the first 6 months (except for certain breaches).

charger
04-12-2005, 15:58 PM
oh right, yes that's fair enough indeed

slick
04-12-2005, 19:56 PM
I was of the understanding that if a tenancy lapses into periodic, one months notice can be given by the tenant on the day the rent is due. The best way to deliver this notice is by recorded delivery or witnessed.

Paul_f
04-12-2005, 20:26 PM
Yes! I have to agree on what you've said about Pain Smith's assertion, and when I next see Marveen Smith I will have to ask how she squares this with telling the Norwich Forum in September that the tenant must be informed how to determine a periodic tenancy in order to enforce the month's Notice from when the rent is next due. I suppost the best way would be to leave it out of the AST but to put it in the information that should be provided to the tenant before they take up the tenancy. Would that work I wonder?

You never ever stop learning!