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Periodic Tenancy...notice To Quit?

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If anyone could shed light on this situation it would be greatly appreciated, as so far I have only recieved conflicting advice. I was previously on a normal assured shorthold tennancy of a 12 month term, whereby I had to give two months notice to quit. This expired without myself or the landlord agreeing on new terms (mainly due to covert charges they wanted to introduce). The tenancy has thus continued on a month by month basis. My understanding under law is that the contract now becomes a periodic assured shorthold tenancy. I have been advised that under this type of contract the tennant need only give one months notice. The landlord is advising that I must give 2 months notice, as in the previous contract we had agreed. This is far from ideal as I need to move very quickly. Does anyone know the law relating to the notice period on periodic assured shortholds, as many of my resources are conflicting here.

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http://www.odpm.gov.uk/stellent/groups/odp...ouse_601791.pdf

If the landlord does nothing, the tenancy will automatically run on from one rent period to the next on the same terms as the preceding fixed-term shorthold tenancy-called a statutory periodic tenancy. The tenancy will continue to run on this basis until either you leave, the landlord replaces the tenancy, or the landlord requires possession of the property.

http://www.landlordzone.co.uk/notice_to_quit.htm

Residential tenancies are now in the main Assured Shorthold Tenancies where there is an initial fixed-term of say, 6 months or 12 months, followed either by a new agreement for another fixed-term, or in its absence a Statutory Periodic Tenancy.

A periodic tenancy automatically follows the fixed-term if the parties do nothing (i.e., do not sign another agreement) and the tenancy will be on the same basis as the original agreement, with all the same clauses and conditions being operative.

Notice by Tenant

Where the tenancy has become a Statutory Periodic Tenancy (where the fixed-term has ended and no new agreement signed for another fixed-term) the tenant must give the landlord notice if he wants to leave:

The notice must be in writing

It must be delivered at least 4 weeks before the notice period ends or 1 month if rent is paid monthly

It must bring the tenancy to an end at the end of a full rent period. 

The notice period must end at the end of a tenancy payment period: for example, if the rent payment date is on the 20th of each month, the notice period must end on the 20th of the month or the 19th to be on the safe side.

The tenancy agreement cannot change these basic rules, 4 weeks being the minimum notice period. However, if the tenancy period is more than 4 weeks, for example, one month, then the notice period is one month.

It looks to me like you only have to give one month's notice. Also, what can he do if you do only give one month's notice (or even no notice at all)? The worst he can do is keep your deposit.

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Cheers, I saw that link earlier too. It still conflicts with advice I have been given by CAB. I have no issue with them keeping the deposit, as you half expect it anyway these days---what do you think the likelyhood is, of them going to court over the last months rent INSTEAD of keeping the deposit? (provided the flat is just as I found it with all bills paid up)

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what do you think the likelyhood is, of them going to court over the last months rent INSTEAD of keeping the deposit? (provided the flat is just as I found it with all bills paid up)

Virtually zero, as long as the deposit is equal to or greater than the month's rent they "lose". It would be a very stupid or vindictive landlord indeed who would pursue a tenant through the courts (wasting his time and money) for this kind of negligible financial loss. Do they know where you work? It is very important that you do not tell your current landlord your next address.

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Virtually zero, as long as the deposit is equal to or greater than the month's rent they "lose". It would be a very stupid or vindictive landlord indeed who would pursue a tenant through the courts (wasting his time and money) for this kind of negligible financial loss. Do they know where you work? It is very important that you do not tell your current landlord your next address.

Thanks for the advice, provided I leave the place in good condition they should be happy to keep the deposit and nothing more. I have handed my notice in and explained to them I will be leaving in one month, and that they should start advertising the flat expediently. I suppose its in their own interest to get someone in as rapidly as possible...fingers crossed...

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