UK Landlord Forum / Life

Hi All

I have a long term good AST tenant that agreed via texts several times to sign a new tenancy agreement, as per previous years, but then at the last minute has stated he is now not signing and will let the tenancy run to periodic so he can serve 1 month's notice, which has left just over a month to relet which is far from ideal. The current AST notice period is 2 months and there is no clause relating to the tenancy going periodic in the AST.

Please can someone confirm that even though we had an agreement via messages that this legally means nothing?   

And also when an AST in England becomes a periodic statutory tenancy and the rent was paid monthly in the AST, that the notice period for the tenant can be no longer than 1 month?

Many thanks



 

The notice for a tenant in a statutory periodic tenancy is not a month, even though everyone seems to think it is. It's a minimum of a month's notice ending at the end of a rental period. Practically, that's always more than a month (even if it's only a month and a day).

There's about to be a change in legislation (probably in a month or so) that will cancel all fixed terms anyway, so you're not really losing anything.

Your exchange of messages is probably an agreement to enter an agreement, a contract that the tenant has broken. You are possibly entitled to compensation for any direct and predictable loss. Which is zero in this case. So it's not, technically "meaningless", but it might as well be.

Tenants will give notice pretty much when they want and move out when they choose. It's just part of being a landlord.

Thanks for the reply jpkeates.

Can you advise if that '...minimum of a month's notice ending at the end of a rental period' is legally stipulated in the Housing Act 1988?  I can't find it in Section 5 for example.  Or if not, where is this legally stated?

Thanks

As far as I know it's from case law. I suspect that it arose when the period end date was part of the landlord notice requirement under section 21(4), which has now been superseded.

But I don't gave access to any way of checking that. It's just something I've learned over time that's been repeatedly confirmed.

Thank you