Monthly statutory periodic tenancy notice period?

by Readers Question

4 years ago

Monthly statutory periodic tenancy notice period?

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Monthly statutory periodic tenancy notice period?

Please could someone advice at your earliest convenience what the above phrase means? Monthly statutory periodic tenancy notice period

Initially I was in a 6 months contract with house agency. I started living in the house from 1st of the month. However after two lots of 6 months completed, I opted for a month to month contract.

I would like to terminate the contract and thus I gave a notice period from the 15th of September – 14th October.

The agency is not agreeing, and says that the notice period should be from the 1st of the month.

In addition to this, a new tenant has accepted the offer to take on the same house once I leave. The new tenants starting date is 21st October.

The agency has advised me that I should pay until the date the new tenant moves in ie until 20th October, because ideally my termination should be from start of the month ie 1st October to 31st October.. and that the inspection will take place after I leave and if any damage is done, will need a week to sort out before the new tenant starts living in it.

I requested that the inspection should be done prior to my leaving date (i.e. inspection on the same day), and that once I hand over the keys, it will not be my responsibility thereafter, nor will I be liable for anything.

Please could someone advise on the following:

1) is the agency correct in saying that the notice period should be from the 1st of the month, because I initially started living in the house from the 1st of the month?

2) if the notice period to 14th October is acceptable, can the agency force me to pay until the 20th October, because the new tenant is moving in the house on the 21st October?
Your help is much appreciated.

Rachel



Comments

Perfect Tenant

4 years ago

As a tenant who has moved four times in five years I can actually answer this for you. Most (not all though) landlords/agents requre one month notice from the date of the start of your tenancy (in your case 1st of the month). So even if you want to give them notice on the second of the month, it will have to be from the first of the FOLLOWING month that you can give one full month's notice. However, if the landlord/agent finds a tenant who can move in before that notice is up, then you willl need to pay rent ONLY up until the start of the new people's tenancy. If it falls badly for you, you may find yourself in the position of being in the property for seven weeks and six days.....

4 years ago

The notice to quit on a periodic tenancy must be given to end a full period,

Basically, on the first of every month a new tenancy agreement starts for a period of 1 month, when you dont leave at the end of the month a new tenancy starts again and so on.....
The notice you serve to end the tenancy must end this periodic tenancy of 1 month, so you could not end it mid tenancy.. I hope that makes sense.

so the agent is correct that even though you served your notice in September, it could not take effect until the start of the new period of tenancy on 1st October, you are legally required to pay rent until the end of the notice, 31st October, or the day before a new tenant moves in.

Steve Masters

4 years ago

Does Spencer V Taylor alter this? It alters the timing of the notice period for SPT Section 8.

Sally T

4 years ago

If the agency has a new tenant lined up their just been picky. Give them a new notice letter from the 1st - 31st of October and state that if you're paying the rent for the month than your staying for the month. If they say they already have tenants lined up tell them you'll be happy to move of the 14th if they reimburse you 2 weeks rent.

4 years ago

Reply to the comment left by "Steve Masters" at "24/09/2014 - 12:58":

S v T is in relation to section 21 notices and not Notice to Quit which is served by tenants.

S v T does not impact a section 8 notice as 2 months notice is not required for S8

r01

4 years ago

Now, let's reverse it. How would you react if you had just been offered a great job 200 miles away & had to serve three months notice (of which you are two weeks in), at your current company? Your landlord has to give you the required 2 months notice from the start date of your tenancy period. Assume he got wind that you might be leaving and had a tenant lined up, if he gave notice as you did without taking the start date of the tenancy into account, it could well leave you with just two weeks without accommodation as you would have correctly geared yourself to the contract dates and planned to give notice at the correct time, enabling you to move to a new flat at the same time as your new job.

The law is the law. Landlords don't make it but we darned well suffer for it as tenants have ABSOLUTE security during their tenancy period and no landlord can issue notice without taking the start and finish dates of the rental period into account, so why should tenants be some sort of special case in the eyes of contract law?

Basically, you expect the landlord to pay so that you don't have to - how unfair is that?

R

Rakhsha Kanabar

4 years ago

Reply to the comment left by "Perfect Tenant" at "24/09/2014 - 11:54":

That's a great response. thank you

Rakhsha Kanabar

4 years ago

Reply to the comment left by "Julie Ford" at "24/09/2014 - 12:20":

thank you much appreciated

Mark Alexander

4 years ago

Reply to the comment left by "Perfect Tenant" at "24/09/2014 - 11:54":

Hello again Perfect Tenant

It's good to hear from you again. I hope your new landlord is better than the last one. Would you mind providing an update on the thread you started please? See >>> http://www.property118.com/lone-tenant-hassled-re-signing-contract/66161/comment-page-3/#comment-42398
.

Agent is correct if rent due date is 1st monthly notice needed to be to 31st October.

However once new tenant is paying then you can stop - Landlords cannot collect double rent from two different ternants no matter how much they might like to!!

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