In the agreement it says that “If, at the end of this time we have not received from you atleast one calendar months notice in writing, expiring on last day of the fixed term to terminate the agreement, the tenancy will continue as a contractual periodic tenancy. The periods of this contractual periodic tenancy will be the same as those for which rent was last payable under the initial fixed term of the tenancy. And cl 8.3 saying If tenancy is periodic, either party may terminate the periodic tenancy by giving one clear calendar month notice and such notice to expire at the end of a relavant rental period. And in the agreement rental period is defined as the time between rent due dates with clear example. In that case we gave notice on 4th Jan before we pay this months rent so rental period is from 9th Jan to 8th feb. Thats what I understood from the contract. Though the landlord says the rental period is the original tenancy start dates (so rental period is 1st to end of a month) and we have to pay 9th feb rent as well so notice expiring on 28th feb as we gave notice after 1st of Jan this month.which notice period is correct? As the rolling is contractual periodic it is governed by contract law and its not statutory. And the landlord said the definitions given in section B is to be interpreted in context of agreed terms. I didn’t understand that part. Can some one help me?
At some point during the tenancy did you agree to change the original rent payment dates from the first of the month..? If so, the landlord is correct.
2 Likes
@Anjali ask OR as it is their AST so they must know how to interpret each clause. @Dan4 from OR’s legal team or @mod_harry should be able to give you definite advice or use the ‘contact us’ button at bottom of Faqs/help page
Good luck
1 Like
If this is the same query as from Govind2 below, please see my reply to that post
2 Likes
The wording of this agreement does not seem to match that of OpenRent’s AST - so we wouldn’t be able to comment here.
1 Like
Ask NRLA if you don’t understand advice they already gave via LL about their template AST.
Good luck