Tenants rights – statutory periodic tenancy

Reply to the comment left by "Rebecca Prideaux" at "31/01/2015 - 07:51":

Hi Rebecca

Where are you based, I'm guessing Scotland? If so the law is slightly different to in England so some of the answers given here may not be correct.

How much of what you have said do you have in writing?
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Hi I'm new to this site but need some help, please.

I started renting my current property on 15th August 2008, and at the time I paid the rent for the rest of August and also September up front as well as the deposit of £900.Then from 15th August 2013 it changed to a periodic basis. My landlord has verbally stated that they will be selling the property very soon, what I want to know is, is the two month notice period the rent date or the date of the tenancy agreement. As I pay my rent on the 1st of the month, but my tenancy start date is the 15th of the month.

Very confused at the moment.

Reply to the comment left by "Sheena Melluish" at "09/02/2015 - 19:04":

Hi Sheena

A recent Court case changed all of our previously held beliefs on this subject. The case was Spencer vs Taylor - see >>> http://www.lambchambers.co.uk/news-learning/articles/notice-change-spencer-v-taylor-2013-ewca-civ-1600

My latest understanding is that all that is now required following this case is two months notice from the date the notice is served. However, I am not a lawyer so I could be wrong, hence the reason I've posted the link above for you to read and draw your own conclusions.

Do I take it that you want/need longer? If that is the case may I suggest you have a friendly chat with your landlord. There are ways to legally delay matters but this will do nothing for either of your blood pressures, never mind your bank balances when lawyers and Courts of Law start to get involved.
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Peridioc tenancy means it's a rolling contract ie if you pay your rent weekly you can give one week notice if you pay monthly you give one month notice. I think you would pay from the tenancy start date?

Reply to the comment left by "Sheena Melluish" at "09/02/2015 - 19:04":

Further to Mark's comment (with which I agree), I would suggest that you ask the landlord when he wants posession, and for the landlord to put it in writing to you.
You will then know exactly where you stand.

Oh, and don't forget to ask for pro-rata rent back if you have paid beyond the date agreed for your departure.

Hi me again, I wrote on here last month I gave my landlord my notice which I thought was one month on thr 14th January but my contract says I have to give 2 month's notice. I have agreed with my landlord I will pay up till 14th March unless he finds someone to move in. He has had people round to view one couple wanted to move in this weekend 14th feb so my landlord told me verbally once their credit check came back he would refund me half off feb rent. Then they pulled out. He had another couple round Saturday and they gave him a deposit then last night Wednesday they pulled out and he wasn't refunding their money but told me dont worry I have another viewing booked in tonight! I thought he had to give me 24 hour's notice if he was going to the property? Even though im not living there im still paying rent and still have my thing's there!!! Is this right?

Reply to the comment left by "Michelle light" at "11/02/2015 - 07:46":

Hi Michelle

From what you have said it seems to me that your landlord is doing his very best to help you.

Unless you have a very good reason to deny him access I would suggest you allow him to do the viewing. If you don't, he may not be able to let the property quickly and refund you. You may also find that a good relationship turns sour very quickly, in which case he might stop doing viewing altogether until the agreed end date. Is that really what you want?
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No he is not trying to help me at all. He wants me to give him the keys back and do my final reading meter!!! I think he's trying to still get me to pay then move someone else in so he makes more money!!! And my understanding of the contract after a periodic tenancy its a rolling one I only have to give him one month's notice not two!!!

Oh I see. Well if he accepts the keys back then he has accepted termination of the tenancy and will owe you a rent refund from that point. If he doesn't pay up you might have to use Money Claims Online but I can assure you that the Court will find in your favour if you can prove that he has accepted the keys and that you have surrendered the tenancy and that he has accepted termination.

I have invited Romain Garcin to comment because I know he will be able to give you the proper legal wording to use.
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Ok thank you.