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notice to LL, she is expecting 2 months we want to give 1 month
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tbs24 ""
Yep Clutton, I read it and that's why I said:you must confirm this in writing at least one month beforehand and again 7 days later by telephone if no response has been received to that notice.""
... Only a court can decide whether any tenancy clause would hold up but I think you are wasting time and ink....
He'll attempt to withhold their deposit.............;)what will you do if they dont comply ?0 -
The part of your original post that said"Fortunately I tend to get on with my tenants and obviously because they want their deposit back it is very unlikely a tenant would suddenly move out,"is perhaps open to that interpretation?
We do get "dumb" on here you know
. If you "specialised in contract" it's interesting that you haven't issued a S21 Notice (not clause)..........
I do not serve a section 21 notice because I prefer to stick with my original tenant on a periodic contract, currently I have 3 tenants on periodic contracts that have been with me for 2, 3 and 5 years.
What I meant was the siutuation of them moving out without saying anything is unlikely because most tenants tell you they are moving out and want to know the procedure for getting their deposit back.Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop0 -
I think you meant * extended* ?chucknorris wrote: »After further thinking about it, I think the clause should be expended to further state:
'In the event of notice not being given a periodic contract shall commence'
Anyway <sigh> a periodic tenancy *won't* arise if the T has moved out by the expiry date of the original Fixed Term..........0 -
I think you meant * extended* ?
Anyway <sigh> A periodic tenancy *won't* arise if the T has moved out by the expiry date of the original Fixed Term..........
But my point is that it is a fixed term contract only subject to a months notice, no months notice then it is no longer a fixed term contract ending on that date. It becomes a periodic contract on the month prior to the original contract end date.
Therefore a breach of contract has ocurred and the remedy of such is to put the injured party in the position he would be had the breach not ocurred. ie any lost rent during the remarketing of the property during the void.
But I think it would be improved if I do a bit rewording on the clause to make it perfectly clear that the Contract is a fixed term contract only subject to that one months' confirmation otherwise on the date that notice should have been given a periodic contract has been createdChuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop0 -
Thanks for clarifying - obviously if your Ts had a new Fixed Term at some point then their T deposits would be scheme-registered and they'd have had the information on the schemes (as required by law) so would know "the procedure" to get their deposit back.chucknorris wrote: »I do not serve a section 21 notice because I prefer to stick with my original tenant on a periodic contract, currently I have 3 tenants on periodic contracts that have been with me for 2, 3 and 5 years.
What I meant was the siutuation of them moving out without saying anything is unlikely because most tenants tell you they are moving out and want to know the procedure for getting their deposit back.
It's good that your clearly have Ts who are happy to remain with you but you need to look again at your contracts not only because of your cobbled together clauses but also because you use terminology such as "notwithstanding", indicating that you're not au fait with Reg 7 of the UTCCR on using plain English and intelligible language. Are you sure you specialised in contracts?;)0 -
As I said, are you sure you specialised in contracts?chucknorris wrote: »But my point is that it is a fixed term contract only subject to a months notice, no months notice then it is no longer a fixed term contract ending on that date. It becomes a periodic contract on the month prior to the original contract end date.0 -
Thanks for clarifying - obviously if your Ts had a new Fixed Term at some point then their T deposits would be scheme-registered and they'd have had the information on the schemes (as required by law) so would know "the procedure" to get their deposit back.
It's good that your clearly have Ts who are happy to remain with you but you need to look again at your contracts not only because of your cobbled together clauses but also because you use terminology such as "notwithstanding", indicating that you're not au fait with Reg 7 of the UTCCR on using plain English and intelligible language. Are you sure you specialised in contracts?;)
Look mate you obviously want to argue, go and find someone else all I am here for is sensible debate and tbh I can't be bothered with you, sorry but that's the way it is.
But for the record. there is no reason (or law) that would prevent a contract of the nature that I desire, albeit I accept I could make it clearer mainly because I did this at short notice at my first attempt to introduce this concept. Which is why I brought it up in this thread to help me redraft it by getting the input of others. However I really have no desire to further comunicate with the likes of you, if it helps walk away thinking you really showed me up, and showed the whole forum how clever you are. It really won't effect my life, I will still wake up in the morning, still well off, happily married and also having probably the best dog in the world as my pet.Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop0 -
I always thought you couldnt write a contract that disregarded or cancelled peoples rights under the law, but I am prepared to be corrected.
And I've also noticed that the OFT believe terms such as you want to put in are unfair if not put in plain language, and slightly useless as tenants are protected by law!0 -
the oft-quoted OFT Guidelines are just that - guidelines - they are recommendations only - NOT law and no-one can quote them as law - if you do use them you will be relying on one judge's interpretation0
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Apology accepted.If you post on a public forum then you may get posts you don't like and clearly you have a problem with the fact that others don't agree with your version of what constitutes a contract term.Sensible debate is good - posting up erroneous drivel such as this, howeverchucknorris wrote: »Look mate you obviously want to argue, go and find someone else all I am here for is sensible debate and tbh I can't be bothered with you, sorry but that's the way it is.Originally Posted by chucknorrisdoes not come under that heading .
But my point is that it is a fixed term contract only subject to a months notice, no months notice then it is no longer a fixed term contract ending on that date. It becomes a periodic contract on the month prior to the original contract end date.
That's good. However, describing yourself as someone who has "specialised in contract" and then posting up inaccuracies as fact *may* affect the lives of others when some amateur LL tries to enforce your suggestions.chucknorris wrote: »It really won't effect my life, I will still wake up in the morning, still well off, happily married and also having probably the best dog in the world as my pet.0
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