UK Landlord Forum / Life

Hi everyone,

I wonder if yoanyone can help me with a problem I can't seem tofind a clear solution for anywhere on the internet! 

Last year I entered into a Assured Shorthold TenancyAgreement which commenced on 1stSeptember 2011 for 12 months – I continued to stay at the property after 31stAugust 2012 and my landlord didn't follow this up with a new agreement or any communication.

I recently served notice to end my tenancy on my landlordvia email on 18th November and by formal follow-up letter on 19th November.

I pay my rent monthly on the 1st day of each month – so Icalculated that my last day at the property would be 31st December 2012 (i.e. the last day of the following rent period after notice was served),however my landlord is disputing this and thinks that I should have served 2months notice and therefore should be paying rent until 18th January 2013!

I argued that the tenancy has now become a statutoryperiodic tenancy because it now continues from month to month on the sameterms. He is arguing that the tenancy isa contractual periodic tenancy and the notice period should be 2 months in linewith the contract.

The relevant contract provisions are:

The Term 12months beginning on 1st September 2011 ('the fixed period')

The Tenancy will then continue, still subject to the termsand conditions set out in this Agreement, from month to month from the end ofthis fixed period unless or until the Tenant gives notice that he wishes to endthe Agreement as set out in Clause 4 overleaf, or the Landlord serves on theTenant a notice under Section 21 of the Housing Act 1988, a new form ofAgreement is entered into, or this Agreement is ended by consent or a courtorder.

4. Endingthis Agreement

4.1. The Tenantcannot normally end this Agreement before the end of the Term. However, after the first six months of theTerm, if the Tenant can find a suitable alternative tenant, and provided thisalternative tenant is acceptable to the Landlord (the Landlord's approval notto be unreasonably withheld) the Tenant may give notice to end the Tenancy on adate at least two months from the date that such approval is given by theLandlord. On the expiry of such notice,provided that the Tenant pays to the Landlord the reasonable expensesreasonably incurred by the Landlord in granting the necessary approval and ingranting any new tenancy to the alternative tenant, the Tenancy shall end.

I have argued that clause 4.1 is a break clause and relatesto the fixed period only – he is arguing that this clause also applies after the fixed period has expired. But if he is right then the clause doesn't make sense and is totally unfair?!

He is threatening to deduct the amount of rent which he hascalculated to be from 1st Jan – 18th Jan 2013 from my deposit but I don'tthink he can simply just do this asndI would definitely dispute this!

Please can you let me know your thoughts as to who is right here? I am seriously considering mediationservices!

Thank you!

Hello misskitty,

You've researched your position well.  You are completely correct.  You owe one month's notice, based around the next rent due date.  If the landlord wants you to leave, then he owes you a minimum of two months.

Your deposit should have been lodged with a governemnt approved scheme which will include a mediation service, the tenancy papers will have more details.

The offer to the landlord should be: Settle correclty now or face mediation which he will lose.

Hope thsi helps.  Please let us know how ou get on.

Thanks Jeremy!

The thing that really threw me was that my landlord claimed that he received legal advice from two different sources, and both advisors agreed with his position so I am not sure what to make of that?!  However, I will make the offer to him as you have outlined below and will update you as to the outcome.

Thanks again for your help.