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Tenancy Notice Period

Simba

Distinguished Member
Hi guys,

Hope someone can help...

Im currently renting a property which is now on a rolling monthly contract.

Im looking to relocate down to Glasgow and was wondering what the rules are on statuatory notice period.

The contract for the fixed term states two months notice is required, but ideally id be looking for 1 month, does the fixed term contract terms still apply?

I cant find anything definitive online that states what the rules are.

cheers
 

jassco

Distinguished Member
Once on the statutory periodic tenancy the tenant only has to give 1 months notice (assuming they were paying monthly). The landlord needs to give 2 months notice of eviction.

jeffrey (on a well known landlord forum) said:
Section 5(3)(d) of Housing Act 1988:

The periodic tenancy...is one..."under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy".
 
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mattclarkie

Distinguished Member
This is always a grey area when a tenancy continues without being renewed. The terms for your tenancy still hold as a tenancy agreement continues automatically until cancelled by either party or renewed by the landlord (assuming you agree to the new terms). All you can do is ask if they will accept 1 month, but the maximum will be the 2 months from the original agreement.
 

jassco

Distinguished Member
This is always a grey area when a tenancy continues without being renewed. The terms for your tenancy still hold as a tenancy agreement continues automatically until cancelled by either party or renewed by the landlord (assuming you agree to the new terms). All you can do is ask if they will accept 1 month, but the maximum will be the 2 months from the original agreement.

Sorry but this is incorrect. Once the original contract runs out you automatically change onto a statutory contract in which it is quite clear what the rules are regarding notice periods.
 

Simba

Distinguished Member
Sorry but this is incorrect. Once the original contract runs out you automatically change onto a statutory contract in which it is quite clear what the rules are regarding notice periods.

see this is my problem lol

according to this: http://www.communities.gov.uk/publications/housing/noticethatyou

If the tenant is a periodic tenant, any notice they must
give, its length and how it should be served, will be at the
discretion of the landlord. Any notice given by the tenant
should reasonably bring the tenancy to an end at the end
of a complete period of the tenancy (for example, at the
end of a month, if the tenancy is by the month) although
this requirement should be stated clearly in the tenancy
agreement. If the tenancy agreement is silent on any of the
above issues, this is likely to be regarded as the tenant
having been given no obligation to provide notice.
 
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mattclarkie

Distinguished Member
That quote isn't relevant for a Statutory agreement.

But I am curious what happens if you have an agreement which requires you to give only 2weeks notice, once this lapses are you then obliged to give 4 weeks ,because you previous agreement is better than the statutory agreement.
 

jassco

Distinguished Member
That quote isn't relevant for a Statutory agreement.

But I am curious what happens if you have an agreement which requires you to give only 2weeks notice, once this lapses are you then obliged to give 4 weeks ,because you previous agreement is better than the statutory agreement.

It depends on how often you paid. If in your example the agreement was 2 weeks and you paid fortnightly, only 2 weeks notice would be required. If the agreement was 2 weeks and paid monthly, then a month would be required. If the agreement was 2 weeks and paid bi-monthly, then 2 months would be required.

It doesn't matter whatsoever what the contract says is the period of notice. Once on a statutory tenancy notice reverts to one tenancy period defined by how often the rent is paid, even if this is worse than the original contract.
 

Simba

Distinguished Member
It depends on how often you paid. If in your example the agreement was 2 weeks and you paid fortnightly, only 2 weeks notice would be required. If the agreement was 2 weeks and paid monthly, then a month would be required. If the agreement was 2 weeks and paid bi-monthly, then 2 months would be required.

It doesn't matter whatsoever what the contract says is the period of notice. Once on a statutory tenancy notice reverts to one tenancy period defined by how often the rent is paid, even if this is worse than the original contract.

thanks for your help mate, but where does it say in the Housing Act that the period of notice shall be the same as the period for which rent was last payable?
 

jassco

Distinguished Member
thanks for your help mate, but where does it say in the Housing Act that the period of notice shall be the same as the period for which rent was last payable?

taken from my first post... "periods of the tenancy are the same as those for which rent was last payable" :smashin:
 

Simba

Distinguished Member
taken from my first post... "periods of the tenancy are the same as those for which rent was last payable" :smashin:


I must be a bit slow today lol

But is that not just simply stating that i pay a monthly rent in the rolling contract per the fixed contract. Where does the notice to leave come in to this ?
 

jassco

Distinguished Member
I must be a bit slow today lol

But is that not just simply stating that i pay a monthly rent in the rolling contract per the fixed contract. Where does the notice to leave come in to this ?

No you're right, I was being a bit slow :facepalm:

It does have it in there though, but I don't have time to search for it at the moment sorry :)

If you're looking for much better guidance I'd suggest going to the landlord zone (if I'm allowed to say that)
 

Simba

Distinguished Member
No you're right, I was being a bit slow :facepalm:

It does have it in there though, but I don't have time to search for it at the moment sorry :)

If you're looking for much better guidance I'd suggest going to the landlord zone (if I'm allowed to say that)

D'oh :rolleyes:
 

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