Periodic tenancy notice period

What is periodic tenancy? How long is a statutory periodic tenancy? When does tenancy notice end? This runs from when your periodic tenancy began and won’t always be the same as the date you pay rent.

For statutory periodic tenancies the section notice period will always be simply months or more if the landlord wishes.

For contractual periodic tenancies it is normally the same. However, if a landlord is taking rent quarterly or monthly then their notice period must be either months or months long. You can end your tenancy at any time by giving your landlord notice if you have a periodic tenancy. Periodic tenancy A tenancy whose term is framed by reference to a period of time: weekly, monthly, quarterly or yearly. The tenancy lasts from week to week, or month to month and so on until determined by a notice to quit given by either the landlord or the tenant.

The notice must expire at the end of a relevant period. So, in a periodic tenancy (SPT) it can be ended by the tenant serving a Notice-to-Quit on the landlord. At Common Law the minimum period for a Notice-to-Quit is a complete period of the tenancy.

However, the Protection from Eviction Act sprovides that a valid notice must be a minimum of days long – no maximum period is specified. Landlords are responsible for the costs of council tax if the tenants are on a periodic tenancy and move out during a notice to quit (eviction notice , Section 8) period. During the period of notice if the tenants choose to move out it does not exclude the landlord from paying council tax. This sort of periodic tenancy is known as a ‘statutory’ periodic tenancy – because it was created by statute, i. In most cases, the period will be monthly or weekly, depending on how the rent is payable under the terms of the tenancy agreement.

This is a fixed term tenancy that has ende but included a clause to continue as a periodic tenancy. The amount of notice must be the same as the rental period , if this is more than months. The periodic tenancy allows a degree of flexibility on both sides: the tenant can leave with a nominal notice period of month and likewise the landlord can re-possess the property with a nominal notice period of months, plus the court possession process time if this becomes necessary.

For a month-to-month periodic tenancy , the tenant must give the landlord one month’s notice. The written notice must be given on or before the first day of the one month period. For example, if the tenancy month runs from the first day of the month to the last day of the month, then the tenant would have to give the notice to the landlord on or before July for the tenancy to end July 31. A periodic tenancy - also known as a tenancy from year to year, month to month, or week to week - is a tenancy that exists for some period of time determined by the term of the payment of rent. Creating a periodic tenancy from the beginning It is also possible to give a tenant a periodic tenancy from the start rather than a fixed term of six months or a year.

You do this by giving them an initial term of just one month (or a week, or four weeks) and then just allowing it to run on. For a periodic tenancy, which I presume is monthly, you will need to give between two and three months notice, depending on when in the month you serve it (as it has to end at the end of a period of the tenancy). If your tenant is nice you probably won’t have much problem but best to be prepared.

To end a periodic tenancy, tenants must by law give one clear tenancy period’s notice in writing.

This is usually one month (rent paid monthly) or a minimum of days when the rent is paid weekly. This notice period MUST end on the last day of a tenancy perio in other words giving one clear and full tenancy period’s notice. With rolling contracts, the tenancy can be brought to an end by either party, at any time, as long as the required notice period (normally two months) is given.

A rolling contract does have the benefit that neither party need do anything unless they want to end the tenancy , which can be useful in certain circumstances. If the tenant remains even a day longer than the last day of a fixed-term tenancy , a statutory periodic assured shorthold tenancy will arise, which the tenant can end by serving a valid notice to quit.