Tenancy Notice Period – Tenants Questions

by Readers Question

11:02 AM, 11th March 2015
About 4 years ago

Tenancy Notice Period – Tenants Questions

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Tenancy Notice Period – Tenants Questions

I took an Assured Shorthold Tenancy Agreement on 19th October 2010. I paid one months rent in advance on 19th October and the next rent payment was 20th November. The tenancy period was 12 months with a two months notice period to end the tenancy. The letting agents have never sent a new Shorthold Tenancy Agreement after the initial 12 months. Therefore am I correct in saying that the tenancy has now moved to a Periodic Tenancy and therefore only one months notice is required? Tenancy Notice Period - Tenants Questions

Secondly, I would like to give notice this week. However as my rent is paid on the 20th of each month I believe my notice period would start from next month, and based on one month notice my tenancy would end on 19th May? Also, the one months rent paid in advance, does that effectively mean that after paying rent on the 20th of this month, then no rent is paid in April as it was already received in advance when I took the tenancy on.

I’m new to all this and would really appreciate some guidance especially when the letting agents have been a nightmare throughout the tenancy I.e. 5 weeks without central heating and 3 weeks without a fridge/freezer!!!

Thank you

Regards

Michelle



Comments

Mark Alexander

11:08 AM, 11th March 2015
About 4 years ago

Hi Michelle

Based on what you have said, you have a Statutory Periodic Tenancy, of that I am certain.

I have invited Romain Garcin to comment on this thread as he will be able to give you the definitive word on your other two questions. However, in the meantime, my understanding is as follows:-

1) Unless your tenancy agreement specifically provides for a two month notice period after your tenancy becomes Statutory Periodic then only one months notice is required.

2) If you serve notice before 20th March, and assuming I am right in terms of the above point, your tenancy will end on 19th April

3) You will still need to pay your rent on 20th March for the period to 19th April.
.

Romain Garcin

11:23 AM, 11th March 2015
About 4 years ago

Hi Michelle,

Indeed, if your tenancy agreement only refers to a 12 month fixed term AST then your tenancy is now a statutory periodic AST and you only needs to give one month notice to end it.

The expiry date will need to be the last day of a period, which is not necessarily connected to the day you pay the rent on.

Did your 12 month tenancy start on the 19th October?
If it did, your periodic tenancy also started on the 19th of the month, thus your notice should expire on the 18th.
If you served notice now, the earliest it could expire would then be the 18th April.

Lastly, regarding the rent, if your tenancy did start on the 19th October, from what you wrote it seems that you've always paid monthly in advance and you would therefore still have to pay on the 20th March.

Michelle90 Grange

12:05 PM, 11th March 2015
About 4 years ago

Hi Romain and Mark

Thank you very much for responding to my thread. It has really helped me out.

Kind regards

Michelle

Mark Alexander

12:13 PM, 11th March 2015
About 4 years ago

Reply to the comment left by "Michelle90 Grange" at "11/03/2015 - 12:05":

You are most welcome.

Please remember that we are funded exclusively by donations 😀 >>> http://www.property118.com/membership/40048/
.


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