Hi, thanks for your question. My name's XXXXX XXXXX I'm going to assist you with it.
After the expiry of the fixed term, if the tenant remains in occupation, the tenancy will become a periodic tenancy. If there is no contractual provision for this, it will be a statutory periodic tenancy.
If a tenant wishes to end the period tenancy, he must serve notice. Such notice must (i) be in writing; (ii) give at least 4 weeks notice; and (iii) expire on the last day of the period of the tenancy. This means that if rent is paid monthly on the 15th, the last day of each period of the tenancy would usually be the 14th of the month.
The requirement to give at least four weeks' written notice is provided in s.5 of the Protection from Eviction Act 1977 but this is a minimum, so if the tenancy is a monthly periodic tenancy, a month's notice is required.
Under common law (not statute) a tenant cannot serve notice to end the tenancy in the middle of a tenancy period and the notice must expire at the end of the tenancy period (i.e. before a new tenancy of one month arises). So, for example, if you pay rent on 15th and you want to serve notice on 20th January, such notice must expire on 14th March.
I'm sorry if that's not the answer you were hoping for but I must be truthful so that you understand the position. Can I clarify anything for you?
Hi Vincent - thank you for your answer. I understand that the statutory rules apply, my query is that surely the letting agent would have to provide this information in the tenancy agreement which I have signed?
Sometimes an assured shorthold tenancy agreement will provide an option for the tenancy to continue after the fixed term (on a contractual or a statutory basis). Where it does, it will usually provide the notice period (replicating the statutory notice period) and the common law provision that the notice must end on the date before rent is due.
The fact that it doesn't do these things does not render the actions of the landlord or his agent unlawful or avoid the statutory provisions. These provisions arise as a direct result of the fact that they are not always anticipated by the parties at the time of agreeing the original fixed term.
I hope that was helpful.
I just wanted to follow up to clarify that, whilst the rent due date usually coincides with the start of the period of the tenancy, this isn't always the case. Just bear this in mind as the notice should expire on the last day of the tenancy period.
All the best.