Does 1 month tenants' notice on OR contracts (post Initial Term) remain after 1 May? Or does it need to be re-agreed?

Landlord Discussion
1

Standard OpenRent contract says

“If neither party serves a valid notice to terminate the tenancy at the end of the Initial Term, the parties agree that at the end of the Initial Term the tenancy will continue as a contractual periodic tenancy on a monthly basis”

“The Tenant must give notice of no less than one month, such notice to expire the day before a Rent Payment Day or on the final day of the Initial Term”.

The Renters Rights Act says “You will need to give your landlord at least 2 months’ notice. You can agree a shorter notice period with the landlord in writing, as long as any other tenants named on the tenancy agreement also agree”.

OpenRent says contracts update automatically and tenants will be served the Information Sheet.

QUESTION: Will a tenant who is (currently, before 1 May) in a periodic tenancy following the expiration of the Initial have to give minimum 2 months notice unless newly agreed in writing after 1 May?

Or does the pre-existing OpenRent contract count ALREADY as a pre-agreed shorter notice period in writing? (as a shorter notice period is advantageous to the tenant)?

I can’t see the answer on the OpenRent blog post. I need to know whether to separately confirm notice periods between landlord-tenant after 1 May or not.

Thanks

2

My understanding is that this is still something of a grey area legally as to whether the existing 1 month contractual right carries across or whether the default 2 months notice applies immediately. How much notice do you want them to give?

3

@Andrew1980 perhaps @Dan4 in OR’s legal team or @mod_harry can reply?

Anyway if you want to agree now with your tenant in writing that 1 month notice will continue from 1 May you can do so, irrespective of what the standard OR contract or the ‘default’ RRA length is.

It’s always possible to agree an earlier date via a mutually signed ‘Deed of surrender ‘ document anyway

Good luck