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Notice Periods In Periodic Tennancies

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Normal practice in periodic tennancies is for tennants to give 1 months notice when they wish to end it with landlords being required to give two months notice to quit.

My own contract requires a two month notice period from me, although I think it is lawful for them to include this term can anybody let me know if there is any legal reason why this would not be the case.

I should mention that I am about to report the agents to the local trading standards body because a number of the other terms clearly breach the guidance on unfair terms laid out by the office of fair trading.

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"My own contract requires a two month notice period from me"

It is invalid 1988 Housing Act 5. 3. e.

There is little point reporting them to Trading Standards it is after all just guidance, in the end a court still has to decide.

If you feel that one of the clauses they are enforcing on you is unfair its a solicitor you want not TS. Your best course of action is to disregard the clause and if the landlord insists on enforcing it it will be them who has to take legal action and convince a court.

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It is invalid 1988 Housing Act 5. 3. e.

(e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.

Not sure why this sections would invalidate the clause.

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(e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.

Not sure why this sections would invalidate the clause.

Because it says so :rolleyes:

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This term is totally invalid - it breaches your standard tenancy rights and as such cannot stand. The only way a landlord can enforce such a term is if it is negotiated seperately from the tenancy agreement with the tenant.

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"any term which makes provision for determination by the landlord or the tenant shall not have effect"

"Whilst the tenancy remains an assured tennacy"

However once the fixed term the tenancy expires my understanding is that it becomes a statutory periodic tenancy (not an assured tenancy) so any provision for determination after the expiry of the fixed term can be effective.

Am I correct?

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It becomes a Statutory Periodic Assured Shorthold Tenancy.

Sorry, but there is no such thing.

Periodic tenancies come into the existance at the end of assured tenancies but are not assured tenancies.

Can I refer you back to the office of the deputy prime ministers publication "notice that you must leave" which states:

"If the tenant is a statutory tenant (that is, a tenant who remains in possession

under the Rent Act after the tenancy agreement has come to an end)

and he or she does not make a new agreement with his or her landlord,

he or she must, unless the landlord has said he or she does not need to:

● give at least four weeks’ notice; this may be longer if the original tenancy

agreement required a longer notice."

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Can you post the exact wording of the term please

Housing Act 1988

The above link takes you to a copy of the housing act 1988.

Chapter 5 section 2b creates the statutory periodic tenancy.

Chapter 6 sets the terms of periodic tenancies.

At no point does it say that these are assured tenancies.

Well if you have a tenancy under the rent act (ie. created before 15 January 1989) then of course it does not apply, but you probably should have said so before.

Did I say that?

nowhere in the housing act can I find a reference to an assured shorthold statutory periodic tenancy.

Per chapter 5 section 2, periodic tenancies come into existence at the end of assured tenancies.

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Did I say that?

Well you were quoting the rent act!

nowhere in the housing act can I find a reference to an assured shorthold statutory periodic tenancy.

Assured Shorthold Tenancies can be;

Fixed term

Contactual Periodic

Statutory Periodic

Per chapter 5 section 2, periodic tenancies come into existence at the end of assured tenancies.

Chapter 5 covers "Phasing out of Rent Acts and other Transitional Provisions" so its not relevant.

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Assured Shorthold Tenancies can be;

Fixed term

Contactual Periodic

Statutory Periodic

Chapter 5 covers "Phasing out of Rent Acts and other Transitional Provisions" so its not relevant.

Can you provide a reference for this? I would like to investigate further.

Sorry, my reference should have read "chapter 1 Section 5(2)".

My point is that assured shorthold tenancies end at the end of the fixed term and become periodic tenancies.

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Housing act 1988, not rent act.

No your qoute is refering to Rent Act

"If the tenant is a statutory tenant (that is, a tenant who remains in possession under the Rent Act"

Can you provide a reference for this? I would like to investigate further.

Sorry, my reference should have read "chapter 1 Section 5(2)".

My point is that assured shorthold tenancies end at the end of the fixed term and become periodic tenancies.

You are now quoting Housing Act 1988 Chapter 1 which is Titled "Assured Tenancies and "Subtitled "Meaning of Assured Tenancies etc" surely thats a big clue!

Try here

http://england.shelter.org.uk/advice/advic...#wipLive-3859-2

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So formally:

Under section 1 Housing Act 1988, all tenancies are assured tenancies unless excluded under subsection 2 or 6. Periodic tenancies are not excluded therefore they are assured tennacies

Consequently:

Under section 5 subsection 3(e): "any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy."

Which means that, irrespective of the contract, notice must be served in accordance with the housing act 1988, which on a standard monthly assured shorthold tenancy means one month to end on the due date for payment of the next months rent.

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Which means that, irrespective of the contract, notice must be served in accordance with the housing act 1988, which on a standard monthly assured shorthold tenancy means one month to end on the due date for payment of the next months rent.

Almost :) there is no provision in the HA 1998 for tenants notice, its in the Protection From Eviction Act 1977, otherwise yes.

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