Periodic Tenancy Notice Period

[betamax]

Morning all -

I am a tenant, renting a house through an established, national lettings agency. I started out (2 years ago) by signing a 6-month Assured Shorthold Tenancy agreement. When this expired, I did not renew it, and so the tenancy moved onto a Periodic agreement, which I take to be a month-by-month agreement (since I pay my rent monthly).

As far as I have always been aware, this means that I must give one month's notice if I want to leave. Unfortunately I can't find, and don't remember signing, any contract or written agreement in respect of this new 'periodic' agreement - it was 18 months ago after all - as I recall, they simply told me that the existing agreement would remain in place but on a rolling monthly basis.

I do indeed want to leave, and I called the Agency last week to double-check the notice period. They informed me that I must give TWO months' notice.

Surely this can't be right ? I have checked this on the ARLA website, and it's quite clear that one month's notice should apply, if rent is paid monthly. However - the agency I'm dealing with, do not appear to be ARLA members, so... can they just make it up as they see fit ?

Many thanks to all in advance -

Kind Regards

[bluebottle]

Re: Periodic Tenancy Notice Period

No. They can't make it up as they see fit. And they cannot say they are acting under the instructions of their client. Both they and their client are bound by the same laws. Check with CAB or your local housing authority - usually, the local council - as to what your rights are.

[betamax]

Re: Periodic Tenancy Notice Period

Ok, thanks Bluebottle. I have found loads of web resources which all state it looks like one month's notice is correct... but I think what is bothering me is, I can't find the original 6-month tenancy agreement document... and nothing extra or new was presented or signed when we went on to the rolling monthly agreement... so, if buried somewhere in the original 6 month agreement it says I need to give 2 months' notice.... and I signed that... would it still apply, regardless of the minimum that the law says I must give (ie one month) ?

[leclerc]

Re: Periodic Tenancy Notice Period

I believe that they have to give you two months notice to evict you when it becomes a periodic tenancy and that notice period must be the day before you pay your rent. However, I think they do not have a leg to stand on with regards to 2 month notice period.

[betamax]

Re: Periodic Tenancy Notice Period

Good stuff, thanks leclerc :-)