If no clause exists or if the clause expressly states that the tenancy is a legal periodic tenancy or derives from section 5 of the Housing Act 1988, it is a statutory periodic tenancy. I would interpret the clause as a legal statement (in a legal periodic rental, the LL must end for at least 2 months), but the law also states that an S21 notice issued during the fixed term is effective for a subsequent Spt. After my last post, I can now confirm that I am really lonely. As expected, my last remaining ally in the above conflict has now deserted and returned to the premises on Sunday, October 29. To explain why he was the last to get up, I have to fill in more information about this “rental of hell”. This flatshare for 4 people began on September 27, 2016. In February 2017, the main tenant moved and found his replacement “R”. The landlord asked me to become the main tenant, which I accepted as no one else wanted to do it. In addition to evaluating my new duties, the landlord told me that she had just discovered that tenant “x” had not paid his rent for the first three months of 2017.
I asked her if she expected me to do anything about it, to which she replied, “No, let me clarify that.” Next event @ End of March 2017 Tenant `RA` moved without finding a replacement In July 2017, Landlady & `R` inquired that if she could not trace `RA`, we were responsible for her rent arrears (4mts), but also that `x` had continued to default on her rent and we were now also responsible for her rent (6mts). She had also relied on an interruption clause that allowed her to end the lease a month earlier (August 26, 2017). “R” and I left as prescribed on August 26 and believed that “x” had also disappeared. We received a “pre-action letter” on September 10 that said, “X” left the site on the 27th and changed his mind and returned 10 days later. This, she said, meant that the tenancy “continued regularly” and that “all tenants were continually responsible for the rent until she managed to remove `X` from the premises. (could be the end of the year). In addition, we were all jointly and severally liable for the rent arrears of “X” (9mts) and “RA” (4mts). Since only “R” and I actually paid, it was up to us to pay the arrears, which we did.
CAB & Shelter stressed that the only way to end this “periodic rental” is to send “Notice of Resignation” while respecting the correct notice period, etc. I did and the end date of the rental was October 26, 2017. The landlord does not accept that the tenancy will end and has sent other applications for full rent. I joined WhichLegal who are currently looking into the case. As you can imagine, this is a rare “box of worms”. “R” and I are already over £5000 out of our own pocket and if the owner has proven to be legal, then financial ruin is calling us. “R” in light of the information from hearsay, has decided to return to the premises, no matter what advantage he believes it will give him. Me, in my new apartment and £800/mine, I can`t even think in the direction of `R. Can anyone give a legitimate or logical reason why this landlord believes she can hold “R” and I liable for the current rent given all the above circumstances? If it goes to court, there are other issues that are highlighted that do not show the owner in a favorable light, including broken window sensors that make the building unsafe, which she did not want to repair for cost reasons, as well as other smaller objects that have a detrimental effect on her overall behavior. To terminate a periodic tenancy, tenants must give the appropriate notice period based on the conditions set out in the lease.
You also need to make sure that it ends on the right day. For example, if a monthly recurring rental began on January 1, it must end on the last or 1st day of the month. From that moment on, they are no longer responsible for paying rents. To end a periodic tenancy, several legal processes can take place; However, the only difference between a periodic lease and a “normal” lease is the definition of the term. Legal periodic rentals starting at any time from July 1, 2020 must comply with the regulations from the date of the legal periodic lease. You must have an EICR before the start of the rental. I noticed this in the meantime and bit the ball and told the tenant that I was wrong and we didn`t need a new contract. So I let it slip into the legal journal. Thank you for your help, I appreciate it. I need to get a final answer as to whether the agreement I made with a tenant while they are still in their first 6-month fixed AST contract period signed so that they stay in the property for up to 3 months after the ast contract date expires will be classified as a “contractual” periodic lease. Hello, we moved to the current property on 15.07.2018 and in February 2019 our landlord issued item 21 and gave 2 months to go until 06/04/2019. But now we haven`t moved yet.
Now we have received a defense form from the court to fill out and return. Our insured lease ended on 15.07.2019. We always pay rent every 14. Now we have found a property that can move on November 23, 2019. Do we have to inform the owner 1 month in advance? If so, when should we give notice of the move on November 23? The first thing you need to do is read your lease to see if there is a clause detailing periodic tenancy. If this is the case, it is usually a periodic contractual rental. This transition from a short-term fixed-term rental to a periodic rental prescribed by law takes place automatically. I am a nice (?naïve) owner. The tenants have been in the house next door since 2012. We both send each other food, etc. I could see that they were a young family and sometimes struggled to pay, so they didn`t have the courage to raise the rent. The tenant for the last 2 years missed payments and then paid later (at the cost of the mortgage for me).
The family informs me that the tenant has a gambling problem (explains why I would receive a text message saying that he would come with a rent and then with a no-show). We talked about how to allow the board to pay me directly what they had agreed, but then we reversed it (the wife set it up, the husband canceled it). .