If you have a periodic tenancy
(which has no fixed end date), you still have to give the landlord notice before you leave.
You can use a Section 21 notice if: | your tenants have a written assured shorthold tenancy (AST) or statutory periodic tenancy
agreement | you put their deposit in a deposit protection scheme if the tenancy started after April 2007 | A Section 21 notice givs tenants at least two months' notice to leave the property.
"Landlords who still hold deposits that were taken before the April 6, 2007, and where the tenancy continued as a SPT (statutory periodic tenancy
) prior to that date, aren't required to protect it.
If the tenancy has lapsed into a Periodic Tenancy
, a tenant will typically have to give at least one rental period of notice.
Alternatively, if the tenancy has become a periodic tenancy
(3) Its unique fact pattern makes it useful as a means of helping students understand the differences among leaseholds for a term of years, the periodic tenancy
, and the tenancy at will.
It then becomes a periodic tenancy
as described above and if you want to end the tenancy, you still have to serve a notice.
With a periodic tenancy
such as this, where there has not been a breach of any of the terms of the tenancy agreement you must provide the appropriate statutory notice of two months' notice.
"Occupation by licence, periodic tenancy
and tenancy at will are the three scenarios that are most likely to arise if a tenant takes up early occupation of a building and it is therefore important for landlords understand how this impacts on the rights and responsibilities of both parties," said commercial property specialist Louisa Jakeman.
The benefit of an assured short hold tenancy to a landlord is that a minimum of two months notice can be served either to coincide with the end of the contractual term, or following that, to coincide in any month with the last day of the periodic tenancy
, and this will terminate the letting.
In a recent case, the tenant wished to vacate the premises but found itself liable for 13 months' rent, an amount of circa PS185,000, after it was judged that a periodic tenancy
had come into existence.