tenants

We have recently had many instances where previous landlords and employers have refused to give a reference for an applicant without that applicant giving written authority to the previous landlord or employer for the reference to be given. It seems that this is prompted by concerns that to do so would cause body giving the data to contravene the Data Protection Act.

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The tenancy agreement, whilst for a minimum fixed term period, will normally be worded in such a way that unless either party gives notice to terminate the agreement, the tenancy will continue beyond the end of the fixed period under the same basic terms and conditions as the original tenancy. This is what is known as a Statutory Periodic Tenancy. We normally renew the tenancy agreement when the fixed term comes to an end, but in some cases, particularly when a tenant knows that she is planning to buy a property, we allow the original tenancy to lapse into a Statutory Periodic Tenancy.

Unless either party is in serious breach of their tenancy obligations, the tenancy cannot normally be terminated until the end of the initial fixed term period at the earliest. If either party wished to terminate the tenancy at this point or at any time during a Statutory Periodic Tenancy, however, the relevant notice period and method of notice must be observed. There is still confusion over this point, which I hope will be cleared up by the following paragraphs.

The landlord is required, under statutory law, to serve at least 2 calendar month’s written notice – this may be longer if served during a Statutory Periodic Tenancy, depending on the date of service - on the tenant to terminate the tenancy agreement, such notice to contain certain prescribed information.

The notice period required from the tenant, to similarly terminate the tenancy, will normally be stated in the tenancy agreement but otherwise is deemed to be a minimum of one rental period, e.g. calendar month, 4 weeks, quarter etc. expiring at the end of a rental period, such notice to be served in writing to the landlord or landlord’s agent as applicable.

N.B. All notices must be received by the recipient on or prior to the latest date they can be effectively served. The tenancy agreement contains details of the accepted timescales and methods or service.

At the end of the tenancy, all keys to the property must be returned by the tenant, utility meters read and final bills paid for all utilities and Council Tax etc. that are the tenant’s responsibility, and the Inventory and Statement of Condition checked and deposit return processed