Contractual Periodic versus Statutory Periodic tenancy
Rent Arrears

MJP
MJP
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8 Posts
3 years ago
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A tenant has vacated without giving notice, and has therefore not paid rent for a notice period.

The tenant is arguing that they weren't required to give notice and keeps referring to a tenancy which is constructed only as a fixed term (then becomes statutory periodic if they don’t leave). If this were the case, I would agree that, if the tenant leaves on or before the end of the fixed term then notice does NOT need to be given.

However, the tenancy has been constructed as a contractual periodic i.e. the tenant has agreed to a fixed term and then the tenancy continues as a monthly periodic. I think if they want to leave at the end of fixed term or any time after that they MUST end the tenancy following the relevant clause.

The relevant clause in our agreement is below:

  1. 5 Break Clause
  2. 5.1 This agreement creates a single tenancy that starts with a fixed term and then becomes periodic. This would normally guarantee both parties the rights and obligations for the fixed term and a minimum of one period.

The following two clauses allow either party to terminate the agreement earlier than that date, but not before the end of the fixed term (the date quoted in 1.6.1 as “to and including (date)”).

  1. 5.2 The Landlord may bring the tenancy to an end at, or at any time after, the expiry of the fixed term by giving to the Tenant at least two months’ written notice stating that the Landlord requires possession of the Property. A notice under section 21 of the Housing Act 1988 will suffice to implement this sub-clause.
  2. 5.3 The Tenant may bring the tenancy to an end at, or at any time after, the expiry of the fixed term by giving to the Landlord at least one month’s written notice stating that the Tenant wishes to vacate the Property. A letter will suffice to implement this sub-clause. While the tenancy is periodic the one month’s written notice must expire the day before a Rent Due Date.

Please could you confirm if I am correctly interpreting the law as the tenant is now threatening civil action even before the TDS have been involved!

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