Legal advice - tenant/landlord

benjo

benjo

benjo

Soldato
Joined
4 Sep 2005
Posts
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Location
London
Hi guys,

My assured shorthold tenancy contract has expired some time ago, and I'm currently in a month to month/periodic tenancy. I've been doing some reading and most sites state that you just need to give 4 weeks notice to leave.

See Part II, Notice to Quit here http://www.legislation.gov.uk/ukpga/1977/43

In my contract however, it states;
(a) One months notice is not acceptable under any circumstances, nor can this be altered orally or in writing by the Landlord or his agent

If I've signed the contract, am I stuck? Or does any legislation override that?
 
Surely a month to month/periodic tenancy is exactly that?

Are there any terms for what happens after the original tenancy period has expired?
 
your contract was for a fixed term and you cannot give notice during it. since you are now in a periodic tenancy you have to give 1 full month notice. the landlord has to give you 2 full months notice.
full month is rental month, not calendar month. and law overides any unfair terms.
 
zipp0r said:
your contract was for a fixed term and you cannot give notice during it. since you are now in a periodic tenancy you have to give 1 full month notice. the landlord has to give you 2 full months notice.
full month is rental month, not calendar month. and law overides any unfair terms.
Click to expand...

This is correct, or was when we moved out of our last rented place. We knew we were moving out but were waiting on mortgage/purchase finalization, so went month-to-month. Landlord had to give us two months, but we could give them one.
 
I think this is the bit that screws me, it was in the Addendum - Additional Provisions;

b) At the end of this contract by mutual agreement of both Landlord and Tenant this agreement may be renewed for a further period at a rental to be fixed by the Landlord. However, if this agreement is not terminated or renewed by agreement between the Landlord and the Tenant then two months notice in writing to the Landlord from the Tenant on the first day of the month is required to terminate the contract.
 
They say:
(a) One months notice is not acceptable under any circumstances, nor can this be altered orally or in writing by the Landlord or his agent

As your attorney I advise you to give one month and 1 days notice.

Where do I send my bill?

:p
 
I thought that the tenancy becomes periodic but under the terms of the original contract. Eg clauses about notice still apply. This is the assumption I've always worked under but I could be wrong.
 
benjo said:
I think this is the bit that screws me, it was in the Addendum - Additional Provisions;

b) At the end of this contract by mutual agreement of both Landlord and Tenant this agreement may be renewed for a further period at a rental to be fixed by the Landlord. However, if this agreement is not terminated or renewed by agreement between the Landlord and the Tenant then two months notice in writing to the Landlord from the Tenant on the first day of the month is required to terminate the contract.
Click to expand...

it doesn't apply, its an unfair term that isnt enforceable. law overrides it and you only have to give 1 full month notice.
 
zipp0r said:
it doesn't apply, its an unfair term that isnt enforceable. law overrides it and you only have to give 1 full month notice.
Click to expand...

This got me Googling again:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284440/oft356.pdf

Group 8: Excessive notice periods for consumer cancellation -
paragraph 1(h) of Schedule 2

An unreasonably long notice period(26) for termination of an assured periodic
tenancy agreement can lead to tenants paying for accommodation they no longer want or need. This is likely if tenants have to give notice long before
they are able to predict their future needs. If tenants are required to give
notice well before they would naturally be considering it, they could easily
forget to give notice at the right time.
 
That confirms what the guys are saying above. The default notice period applies now that your fixed-term contract has expired.
 
It's always been that the tenant gives 1 month after the AST has expired (and you are now into a periodic tenancy). That's why agents and landlords "insist" on trying get you off periodic and back into an AST. Also the agent wants some extra cash for pressing print.
 
It is probably worth noting that no term in your contract can ever supersede law. It doesn't matter that you signed it, if the contract says one thing, and the law another, the term is considered unfair and not binding.
 
Just sent my landlord am email stating some of the above. Got a feeling she'll just come back to me and say I've signed a contract and haven't got a choice.

Does anyone have any reputable sources to backup my case?
 
benjo said:
Hi guys,

My assured shorthold tenancy contract has expired some time ago, and I'm currently in a month to month/periodic tenancy. I've been doing some reading and most sites state that you just need to give 4 weeks notice to leave.

See Part II, Notice to Quit here http://www.legislation.gov.uk/ukpga/1977/43

In my contract however, it states;
(a) One months notice is not acceptable under any circumstances, nor can this be altered orally or in writing by the Landlord or his agent

If I've signed the contract, am I stuck? Or does any legislation override that?
Click to expand...

Just call the landlord and try to work things out in an amicable way. Don't start trying to lay down the law. At the end of the day, you're going to need him as a reference. If you upset him too much, and a future landlard calls him for a ref to a future rental you're trying to get, and he says something as simple as 'No Comment' then you're up the crapper.

All these tenants giving it large these days. I know my rights blah blah blah. lol
 
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