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Icey
28-01-2009, 18:55 PM
Hi,

I have a question regarding notice period, I am currently renting a property and have been here for 3 years and 3 months, the contract we signed was for a 2 year lease. We have found another house and have had MARAS checks and have been agreed and given a date when we can move in etc.

Now where the advice comes in - I sent a letter which arrived today to him and he has phoned this evening telling us that we need to give him two months notice.

As you can imagine I'm absolutely seething with anger as everything has been agreed on the new property and we can't afford to pay him any more money plus our new rent.

I have not signed any new contracts after the 2 year period. I'm guessing that he will get us on wording or something similar.

Any help greatly appreciated.


Notice by Tenant

Where the tenancy has become a Statutory Periodic Tenancy (where the fixed-term has ended and no new agreement signed for another fixed-term) the tenant must give the landlord notice if he wants to leave:

* The notice must be in writing
* It must be delivered at least 4 weeks before the notice period ends or 1 month if rent is paid monthly
* It must bring the tenancy to an end at the end of a full rent period.

The notice period must end at the end of a tenancy payment period: for example, if the rent payment date is on the 20th of each month, the notice period must end on the 20th of the month or the 19th to be on the safe side.

jeffrey
28-01-2009, 19:03 PM
Your status, after the two-year term expired, is that of a periodic tenant. The period applicable iis the rent frequency in the fixed term (monthly?) To end the periodic tenancy, you have to give at least one month's notice and thius has to end at the end of a tenancy month.

L is certainly wrong in seeking two months' Notice from you. Nothing in the fixed-term Agreement governs the Notice period thereafter.

Icey
28-01-2009, 19:06 PM
Thank you for that.

Do you know any legal documents that I could use against him (just for proof) to tell him where to 'stick it'.

If he disagrees with this then what would be our next step in action?

jeffrey
28-01-2009, 19:33 PM
Thank you for that.

Do you know any legal documents that I could use against him (just for proof) to tell him where to 'stick it'.

If he disagrees with this then what would be our next step in action?
See http://www.landlordzone.co.uk/forums/showthread.php?t=16242 for an analysis, esp. re section 5(3)(e) of the 1988 Act.

Icey
28-01-2009, 19:34 PM
The concerns about wording are:

'Commenencement Date:

The tenancy shall commence on 29th Day of October 2005.
and will continue at least until 28th Day of October 2007'

Is this legal? And therefore would this mean this contract is still valid?

jeffrey
28-01-2009, 19:37 PM
The concerns about wording are:

'Commenencement Date:

The tenancy shall commence on 29th Day of October 2005.
and will continue at least until 28th Day of October 2007'

Is this legal? And therefore would this mean this contract is still valid?
That is the fixed term. Yes, it's valid. The statutory continuation procedure appears in s.5 of the 1988 Act.
An AST continues, beyond term expiry, until one or other party ends it.

Icey
28-01-2009, 20:04 PM
So, just to be clear.

After reading that section (and a couple more). It would appear that our contract by virtue of not being a 'periodic tenancy' is a fixed term tenancy. And because there is no stated 'end date', the term has never expired. Therefore all terms within the contract are still valid, including the slightly odd requirement for a 2 month notice period.

That's a pain.

Landlord - 1, Us - 0

Thanks for your help.

jeffrey
28-01-2009, 20:09 PM
After reading that section (and a couple more). It would appear that our contract by virtue of not being a 'periodic tenancy' is a fixed term tenancy. And because there is no stated 'end date', the term has never expired. Therefore all terms within the contract are still valid, including the slightly odd requirement for a 2 month notice period.
No, that's not what I said. It was a fixed term; that expired on 28 October 2007 [ignore the nonsense "at least" wording]; it's now periodic; and you'd only have to give a minimum one month Notice, as long as that ends when a tenancy month ends.

Icey
28-01-2009, 20:31 PM
I see!

Let me have another go at understanding this then...

I think the land lord is trying to 'have his cake and eat it' for want of a better phrase.

He has written the contract as a 'fixed term' in order to impose his own terms (2 month notice etc..) but by not fixing the end date (with the 'at least' statement) he hopes these terms remain in place after the end date which, if my understanding is correct, cannot happen.

The contract is either:

a) a fixed term agreement which has ended
or
b) a periodic tenancy (because of the lack of fixed end date)

Either of these mean that we are now in a situation where only 1 month is required.

Am I in the right area?

Once again, thanks for your help :)

jeffrey
29-01-2009, 10:02 AM
The contract is either:

a) a fixed term agreement which has ended
or
b) a periodic tenancy (because of the lack of fixed end date)
It was a fixed term; that expired; and so a periodic tenancy then arose- this is what you now have.

johnboy
29-01-2009, 18:10 PM
Just because a contract may say that you have to give 2 months notice that doesnt make it legal or enforcable. Other wise i would put in mine the tenants wife has to ...........mmmm cook me dinner every time the rent is late.