Statutory Notice Period of Two Months and payment of rent to release references
12:59 PM, 27th February 2015, 11 years ago
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Hello,
I am on a Statutory Periodic Tenancy and want to leave. My agent is saying that I have to give two months notice, and I have to pay the last months rent before they will release the references. This makes it very difficult to secure anywhere else as they won’t hold places for two months and they won’t consider renting to us without a ref. Can they do this?
Thanks
Shelley
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Member Since July 2013 - Comments: 1434
3:17 PM, 27th February 2015, About 11 years ago
Unles this is stated in the tenancy agreement then I would say it is not on.
My understanding, following discussions on this site at My tenant gave me just 8 days notice – help please is as follows:
For a SP tenancy the notice period is
– at least 4 weeks. (Protection from Eviction Act 1977 section 5)
– at least one period (common law)
– ending on last day of rental period. (common law)
regardless of what it says in the tenancy agreement.
Section 5 Housing Act 1988 says “any notice terms in the original contract do not apply to SP tenancy”.
Regarding witholding references unless you pay in advance, I would say it is unprofessional and I would contact the organisation to which the agent belongs (it is a legal requirement on agents) if the agent does not back down when you put it to him/her.
Finally, if there is a term in the agreement to the effect that you must pay the last mont’s rent before references are given, then it may be unfair and hence unenforceable. Talk to a lawyer or Citizens’ Advice.