The information below is also relevant to a
tenancy where a Tenacy Agreement has never been in place.
A tenancy that does not run for a period
defined in writing is called a periodic tenancy. The rules for ending a
periodic tenancy are different to those that apply when
there is a written contract in operation.
If there was a written contract for a fixed
period that has now passed or if there was never an agreement for a specific
period of time, the notice given to a
tenant must contain specific information to be valid. This includes:
The part of the Housing Act on which it is
based,the name and address of both landlord and tenant. The date it was given
to the tenant . The date on which it expires.
The notice for a periodic tenancy must give the tenants 8 weeks notice(if the rent is paid weekly) or two
months (if it is paid monthly). In addition, it must end on the last day of a
rental period. This is the day before the rent is normally due.
Example: A tenant moves in to a rented
property on the 15th of January, is given a written contract for 6 months and
pays rent monthly. In August, the landlord decides that the property should be
sold. A notice given before 15th August must be for two months and end on the
day before rent is due. The notice should therefore be dated to expire on 14th
October.
If, however, the notice is served after 15th
August (say, on the 16th) then it must expire on 14th November. This is because
it must be for two full months and expire on the day before rent is due. If the
notice was dated 14th October, it would not be for two full months and the end
of the next rental period is 14th November.
