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Periodic tenancy - notice to quit - has to be at end of the term?

4 replies

warbies92 · 24/07/2020 13:31

We are moving from a fixed contract to a rolling one. The new 'contract' states that I have to give one month's notice to quit, which must expire on the last day of a rental period.

So, my tenancy rolls from the 20th of the month to the 19th. I assume this means if I hand in notice on the 21st March, I am liable for the rent until the 19th May? Seems unfair, but ok.

The 'contract' also says the landlord has to give two months' notice, but there is no requirement for her to give notice that expires on the last day of a rental period. Also seems unfair?

Are there any landlords or estate agencies about who can confirm that both of these clauses are accurate? Many thanks.

OP posts:
mencken · 24/07/2020 14:36

here you go for England - Shelter guidance is often referenced by gov.uk, in this case how to rent does not give enough detail.

england.shelter.org.uk/legal/security_of_tenure/notices/notices_to_quit/notices_to_quit_tenants

BTW why do you have a new contract? If England, all you need do to create a rolling tenancy is not leave at the end of the fixed term. The contract you had should specify what happens at the end of the fixed term, if it doesn't the above apply. You don't need to sign any new contract.

england.shelter.org.uk/legal/security_of_tenure/assured_shorthold_tenancies/rights_to_remain_on_expiry_of_fixed_term

and at the moment it is still 3 months notice from the landlord.

warbies92 · 24/07/2020 15:30

The estate agent has sent round a "memorandum of agreement," don't ask me why, I assume it's an excuse to charge the landlord £60 for ten minutes' work!

I'll have a read through those links, to see if they mention anything about the notice having to expire on the last day of a rental period, thank you.

What do you mean by it still being three months' notice?

OP posts:
LOVELYDOVEY05 · 24/07/2020 19:15

Due to Covid the Government decided to protect tenants by making
landlords give them 3 months notice if they want them to leave.
I think this emergency measure ends late September 2020.

mencken · 25/07/2020 15:23

to clarify - the section 21 notice is currently three months not two months. Actual eviction could be up to a year. Although unless a tenant wants council housing, most will opt to leave before the bailiff.

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