T to L Notice Weekly SPT?

by Readers Question

14:26 PM, 6th May 2015
About 4 years ago

T to L Notice Weekly SPT?

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T to L Notice Weekly SPT?

How much notice is a tenant required to give a landlord once it has become a SPT (the rent, on the original fixed-term AST, was paid weekly).

I have heard/seen/read ‘one month,’ ‘four weeks’ and ‘one period’ (i.e. one week). T to L Notice Weekly SPT

If you could back up any answers with a source, that would be fantastic!

Many thanks

Luke P



Comments

Mark Alexander

14:27 PM, 6th May 2015
About 4 years ago

Hi Luke

I have invited Romain Garcin to respond.
.

Romain Garcin

14:50 PM, 6th May 2015
About 4 years ago

Luke,

In this case the notice must be no less than 4 weeks and (as usual) expires on the last day of a weekly period.

The reason is that the Protection from Eviction Act 1977 stipulates that a notice to quit must give no less than 4 weeks notice.

Luke P

15:38 PM, 6th May 2015
About 4 years ago

Thanks Romain,

And that is the same when it is a tenant giving the landlord notice?

Romain Garcin

15:44 PM, 6th May 2015
About 4 years ago

Reply to the comment left by "Luke P" at "06/05/2015 - 15:38":

This only applies when the tenant gives notice.

Recardo Knights

10:45 AM, 9th May 2015
About 4 years ago

I have read on tenancy agreement forms the tenant has to give one months notice to leave AND the landlord has to give 2 months notice to the tenant, seems unfair.

Romain if a section 21 is given at the start of a tenancy and it then rolls on to a periodic does the landlord still have to give 3 months notice or can it be less.

My tenant moved in with one dog and paid a larger deposit for damages. A year later he had a Husky type puppy without asking my permission, it is now a large dog. I'm sure these dogs are destroying the fence (panels) as every 6 month or less they need replacing at great expense.

He claims this is always down to wind damage, I told him it is probably the dogs, which he Denys. It would appear the wind blows harder in his garden than anywhere else in that area, and only since the dogs grew up.

Thinking of asking him to move on unless he repairs the fence himself in future. With the section 21 in force can I give him one month and then apply for a court order?

Romain Garcin

12:45 PM, 9th May 2015
About 4 years ago

Reply to the comment left by "Recardo Knights" at "09/05/2015 - 10:45":

Many sources state that tenants must give a month notice because they assume that the tenancy is monthly periodic. However, the actual rule is one tenancy period and no less than 4 weeks.

If you have a valid section 21 notice (it remains valid when the tenancy is replaced by a SPT) and the notice period has expired then you can start legal proceedings without further notice.

Recardo Knights

17:01 PM, 9th May 2015
About 4 years ago

Thanks Romain confirms what I thoughts

Neil Robb

21:31 PM, 9th May 2015
About 4 years ago

4 weeks

Carla mason

18:54 PM, 16th May 2015
About 4 years ago

Where do you find the rule in the legislation regarding tenants notice to landlords in ASTs agreements Romain.


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