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  • Legal FAQs

    Contractual periodic tenancy notice period

    Thanks  - I see this

    A tenancy agreement may require the tenant to give a longer period of notice.

    So, if the 2 months notice clause has been signed by both parties it can legally stand, it appears from this link.  ARLA Propertymark are right. 

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    IF the judge decides the tenancy is contractual: Just because others have used doesn't mean that's what a judge would rule.

    Were I tenant I would decline to pay.  Tenant (and/or his legal adviser) may be viewing... and may decide you have to drag him through the courts for just 1 month's rent.  IMHO not worth the effort

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    This is a bit of a mixed bag, NLA say 2 months is unfair, so in any event it is unlikely to succeed, but worth a try as also making claim for cleaning etc.

    TDS say the contract stands, it's 2 months notice.

    I've read a very good detailed article in forums.moneysavingexpert which advises;

    Contractual Periodical Tenancy

    a) Tenant Notice. The tenant must give notice as stated in the contract. If the contract is silent, or was verbal, then it should be a months notice (monthly tenancy) or 4 weeks (weekly tenancy), ending on the last day of a tenancy period.

    Shelter appear to agree with above;

    How much notice to give

    Check your tenancy agreement. If it sets out the amount of notice you must give your landlord, follow what your agreement says.

    If your tenancy agreement doesn't set out a notice period, you must give your landlord at least:

    • 1 month's notice for a monthly tenancy

    gosschalks solicitors also have a good article, they advise;

    Giving notice after the Initial Fixed Term

    Can a tenant be contractually required to give more than one month’s notice to quit?

    If the tenancy agreement says nothing about tenant notice, it’s an implied term of the contract that it must be in writing.

    Under the common law, notice must be at least one complete period of the tenancy, so 4 weeks if 4-weekly, or 1 month if monthly, to expire the last day of the period and subject to the statutory requirement that notice must be at least 4 weeks (Protection from Eviction Act s5).

    Outside of the initial fixed term, a landlord can only enforce any contractual tenant notice period longer than the 4 weeks/one month if the tenancy is not a Statutory Periodic Tenancy.

    (I.e. only if the tenancy was a contractual periodic tenancy from the start. By which I mean no initial fixed term, just month-to-month or week-to-week from the start of the tenancy).

    Or if the tenancy became a contractual periodic tenancy rather than a statutory periodic tenancy.

    My research seems to conclude, if an AST is silent about the end date it automatically becomes a statutory periodical tenancy and the one months notice applies, but where it states it becomes a contractual periodical tenancy then the notice period etal is set by the contract. I've read the housing act 1988 S.5. and I see nothing that contradicts this. All the evidence about only one months notice being legally required is where it becomes a statutory periodical tenancy.  

    My conclusion is therefore, the tenant is bound by the contract and therefore 2 months notice as it is a fact that it became a contractual periodical tenancy. Does anyone have any facts to prove otherwise?

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    This was my understanding of the law as well, until I saw David Smith's comment. Perhaps he missed the fact it was a contractual rather than a statutory periodic tenancy.

    However, I do agree with David that you have a problem because of the missing word. It could have meant to have been 'rent free' '(or better/worse - 'free supply of chocolate') rather than 'notice'.

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