A tenant is perfectly able to serve notice after a landlord has already served notice and the tenants notice would then apply. In fact this is really the way its supposed to happen, because a landlords notice doesn’t end the tenancy and although the vast majority of tenants leave at the end of the landlords notice period, this is essentially an implied surrender.
There is little point in increasing the tenants notice to 2 months in the contract as its likely to be an unfair term and unenforceable. However, I do agree that you should consider using a different tenancy agreement. The norm for a tenants notice is a minimum of one month expiring at the end of a tenancy period. Its therefore between one and two months in practice. Your contract clause has over-ridden this and allowed the tenant to serve a bare one month notice.
I’m not a lawyer but I would think they can give you one months notice regardless of you getting in first with 2 your months notice ie one doesn’t preclude the other .The only way you could hold them to 2 months is if your agreement says that notice has to be given on anniversary days of the agreement coming into force ie the rent payment day because if that’s the case they have missed the boat and could only do it at the next rent payment day which in effect means they will be liable for the two months from your notice anyway.
On a more pragmatic note why not just let them go when they want rather than upset them as they hold all the cards eg they could just refuse to move out anyway and stop paying rent and it could take you a year to go through the courts costing you 10 x one months rent . They could also wreck the place out of spite. I would be nice to them as it’s in your own interests .
Hi, I’d like to share my experience and ask for advice feedback. I had an AST on OpenRent platform started on 30 Mar 2019 to 29 Mar 2020. It was an OpenRent agreement with clause 11.2 stating that if the tenancy has lapsed into a periodic tenancy it may be terminated by the Landlord serving the Tenant at least two months notice in writing under Section 21(4)(a) of the Housing Act 1988 (as amended and expiring on the last day of the month of the period of the tenancy./the Tenant giving written notice of at least one month and expiring on the last day of a period of the tenancy. So shortly before 29th March 2020 the landlord asked me to enter into an “Addendum” to an AST which said the tenancy created by previous agreement should continue from 30 Mar 2020 to 29 Mar 21. It also said if the tenant intends to vacate at the end of the fixed term or later tenant must give landlord at least three clear months prior notice in writing. I did sign this addendum at time in Mar 2020. The landlord asked me again to sign second/equivalent addendum for 30 Mar 21 onwards but I declined to do so and I have continued to reside and pay rent monthly. I have read the content on Shelter about notice and contractual periodic tenancies vs statutory periodic tenancies. If others have had the same clause presented to them/signed and have asked Shelter about the impact of the “addendum” and its’ notice clause, please share feedback - is that what is meant by a contractual periodic tenancy and is the 3 mo’s notice clause binding or am I in a statutory periodic tenancy now?
A statutory periodic means that the although the tenancy continues as a periodic it is a new contract and until six months of periodic contract have passed it is essentially a new contract and for certain clauses the terms revert to statute.
A contractual periodic means the periodic is an extension of the original AST and the terms of your contract apply. This is always better for the lanldlord.
So statute dictates one month notice on a periodic vs contractual which would be the notice period of the landlord’s choosing.
Having said that just because you write something into contract does not mean it would be legally binding. The contract is also subject to Consumer laws.
Two month notice periods have been contested thus most landlord’s will ask a one month notice period.
I think a three month notice period is taking the proverbial and would most likely not stand up in court.
Regarding addendum’s
I have no personal experience of these and am not sure of how valid they are and if they would stand up to consumer legislation. I think if you had signed a proper AST for a further 12 months that would be more robust.
I would advise you to take legal council from CAB or a solicitor can give you 20 minutes free legal advice.
Whether or not its a CPT depends on what the contract/addendum says will happen at the end of the fixed term. If it says that tenancy will continue as a periodic tenancy then it will be a contractual tenancy. If it is silent on what happens or just isn’t definite about the periodic tenancy, then its likely that a statutory periodic tenancy arose when the last fixed term ran out. The requirement for a 3 month notice period only applied during the fixed/initial term, (and in my view was open to challenge anyway). Once the tenancy became periodic, the notice period reverts to one month expiring at the end of a tenancy period. The landlord/agent may dispute this, but its likely that any clause they have to the contrary in the tenancy agreement will be an unfair contract term and unenforceable.
Thanks for taking the time to respond and share your thoughts
and advice. I hope me sharing this scenario is useful for any tenants out there, it is a distressing situation to be in.
Can anyone tell me my contract ends on sept 1 2021 but my landlord puts the claws I have to give 2 months notice after my fixed term ends but I have moved out 5 months ago i gave him notice that I will leave at end of my term as I have moved out 5 months ago can anybody help me with accurate answer even he has been calling me since 5 months asking money for advertising which he is forcefully doing wrong I never said to him please help me with answer
He has no write to charge you for advertising. It is illegal. https://www.legislation.gov.uk/ukpga/2019/4/contents/enacted
Tell him to take you to court as he will lose his case.
If you have given notice to leave at the end of the fixed term that’s it nothing else.
Just leave. He cannot tell you he wants two months notice after the fixed term. That would be unfair and is a breach of the consumer act 2015!
In an ordinary fixed term tenancy, the tenant may leave at the end of the term without notice. If they stay 1 second past midnight on the last day, a periodic tenancy arises by statute and they then have to serve notice to end the tenancy. This is not the case for a tenancy which the tenancy agreement says WILL continue on a periodic basis after the fixed or initial term. In that case notice will always be required. So it depends on what your tenancy agreement says will happen when the fixed term ends. It may also depend on what type of notice you gave 5 months ago. What did you say exactly and was it in writing?
I said to him that i have moved already 5 months but my tendency runs out on 1 sept 2021 i have bwen paying you rent since five months that i will pay my rent untill my tendency end on date on 1 sept because i have moved out already with my wife he accepted my notice but he has been asking u have to pay twon monhs notice after your tendency ends becz its says in tendency agreement what to do next step please guide mi
Then do exactly what I have told you. You cannot charge someone two months at the end of the fixed term. It is unfair under consumer law. Just because he wrote it in your contract it does not mean it is legal. Tell him if he wants the money he can go to court to get it from you.
Ok thanxx very much for your big help he has been harressing me from few months asking money my rent was 350 he is forcing me to pay 450 even he has been calling and mailing me to meet i was about to clean the room because i am afraid of him he can come anytime as the tenant let him know when i am in so i was about to clean the room i have tested postive covid 2 days ago so he might deduct from my deposit for cleaing its fine for me now because i have been self isolated he has metally torched me since 5 month even ihvw borrowed money from family and friends first he told me when your wife will come i will help you to get the roo. After aigning cntract in 2 months he msged me that house is full your wife cannot stay he lied me before the contract i was stucked after that then i moved out with my wife some other place has been paying rent from 5 months
You don’t have to pay any extra under a fixed term and if he wants more money after he needs to serve a section 13. Don’t pay any extra. If you don’t get your deposit go to arbitration to get your money back.
100 i paid but cash after that i have stoped given him and i said to him i coudnt affort t pay u extra money he keeps on calling for atleast 4months harrresing me telling me i have found tenent and twlling me to meet him i met him 2 time he only tells me thats not your rent its 450 force me to pay i have called citizen advice many time they are not picking up the calls
You didn’t say what your tenancy agreement says will happen when the fixed term ends. If it doesn’t say anything then just tell him the contract clause is redundant and if he thinks he has a case he should take legal action. Then cease communication. A solicitor will soon put him straight if he tries.
This sounds very wrong what he is doing to you. The Council should have a private rental housing department.
Think it would be a good idea to tell someone what is going on s he knows you are not alone without help and official people are now aware of the situation and his illegal demands.
Call the council, Shelter or even the Police. The police may not want to get involved but they should record the incident and give you a reference number, so there is a written record of what has occurred.