PLEASE READ BEFORE POSTING
Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.Assured Shorthold Tenancy Agreement Question
chrisb1357
Posts: 836 Forumite
Hi all,
We have rented privately for many years but we are due to move soon to another private rented property and we have just been given a copy of the tenancy agreement to read but I have a question which am not sure about with regards to section under Terms which does not seem right to me compare to other agreements we have signed over the years.
The Tenancy Agreement says "Assured Shorthold Tenancy Agreement"
Under the section "Term" it states the following "The term of the tenancy is a periodic tenancy commencing on (date) and continuing on a year to year basis until the Landlord or the Tenant terminates the tenancy"
In the pass with other landlords all my agreements have always been an initial 6 months and then they just continue on a month to month basis which means we only ever had to give a months notice to leave.
With the wording above it reads to me that the landlord is doing an initial year upfront and then once the first year is over the wording to me reads that she is doing a year to year basis even that we will be paying the rent monthly. Should a periodic tenancy match how the rent is paid so in this case it should be month to month and not year to year.
Also if its a year to year would this mean that we would have to give more than a months notice to leave. So just say 6 months into the 2nd year we wanted to leave would we have to wait until the 12 month or could we just give a month notice
Many Thanks
We have rented privately for many years but we are due to move soon to another private rented property and we have just been given a copy of the tenancy agreement to read but I have a question which am not sure about with regards to section under Terms which does not seem right to me compare to other agreements we have signed over the years.
The Tenancy Agreement says "Assured Shorthold Tenancy Agreement"
Under the section "Term" it states the following "The term of the tenancy is a periodic tenancy commencing on (date) and continuing on a year to year basis until the Landlord or the Tenant terminates the tenancy"
In the pass with other landlords all my agreements have always been an initial 6 months and then they just continue on a month to month basis which means we only ever had to give a months notice to leave.
With the wording above it reads to me that the landlord is doing an initial year upfront and then once the first year is over the wording to me reads that she is doing a year to year basis even that we will be paying the rent monthly. Should a periodic tenancy match how the rent is paid so in this case it should be month to month and not year to year.
Also if its a year to year would this mean that we would have to give more than a months notice to leave. So just say 6 months into the 2nd year we wanted to leave would we have to wait until the 12 month or could we just give a month notice
Many Thanks
0
Comments
-
There are two types of periodic tenancy, Contractual and Statutory. What you are describing above sounds like a Contractual Periodic Tenancy and the periods are whatever is set out in the tenancy agreement regardless of the rent frequency. The Contract cannot override your Statutory rights, for example the landlord couldn't have weekly periods and only give you two weeks notice with a Section 21 because your Statutory rights would give you eight weeks.0
-
SO as its a year to year as it states out if on the 2nd year we was like 6 months in and decided we wanted to give notice could it be a months notice or does it have to be when the 2nd year ends?0
-
What does the tenancy agreement say in regards to notice periods?0
-
I have never seen a tenancy agreement like this.
Does it say what notice you have to give to end the tenancy?
If it were me I would telephone landlord/letting agency and confirm exactly what this means and the notice you have to give and the notice the landlord has to give.
Make sure you follow up the conversation with an email/letter confirming what was said so you have evidence.0 -
Ask landlord to change the terms:
They can't force you to sign... you can force him to agree to your required changes... probably need to look elsewhere0 -
* It looks like an annual Contractual Periodic Tenancy. Rolls on year by year just as a monthly one rolls on month by month.
* you cannot leave during the year - only at each year end. Unless there is a 'Break Clause'. Is there?
* Notice to end the tenancy at year end is whatever the contract states. What does it say about notice?
* rent should be paid in whatever frequency the contract states. What does it say?
* does it quote an annual amount (perhaps payable in monthly installments) or a monthly amount?
* If you don't like the contract (eg you want more flexibility to end earlier), then ask for
i) a Break Clause or
ii) a 6 month fixed term or
iii) a contractual monthly periodic instead of annual
(wording in read indicates uncertainty)0 -
Hi
There is nothing in the agreement about notice period that I can see
Rent will be paid monthly at £525 a month and a £500 bond secured on the RDP Scheme.
It does not quote any annual amount
I think she is after someone to rent long term which is why she has done the agreement like it is. But I intend to rent long term and would prefer a 6 month or 12 months then for it to just fall on a month to month. I can't be held down to a year on year as you just never know in life what may happen etc0 -
Please quote exact wording in full.chrisb1357 wrote: »Hi
Rent will be paid monthly at £525 a month c
It's a very poorly written contract. If it were really meant to be an annual periodic, as the wording in your 1st post suggests, then it should show the annual rent, as well as notice period (though there are other legal definitions for notice where unspecified.). So there is some doubt, though the intention of the 'Term' seems clear.
Be that as it may, the contract clearly does not suit you so you will need to negotiate a different one.0 -
I think the landlord thinks she is being clever and is trying to lock you into 12 month periods but is not executing the idea very well or has considered how difficult it will be for her to serve notice correctly should her circumstances change and finds herself needing to sell the property.0
-
Yes I think u are right but I think she just wants the security of someone renting long term but has not set out the terms clear and not stating the terms for us to give notice if we was ever going to leave.
Could she still do a year on year contract but then have a term that says we can give a month's notice at any time if we was to ever want to moveI think the landlord thinks she is being clever and is trying to lock you into 12 month periods but is not executing the idea very well or has considered how difficult it will be for her to serve notice correctly should her circumstances change and finds herself needing to sell the property.0
This discussion has been closed.
Categories
- All Categories
- 343.1K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.2K Work, Benefits & Business
- 607.9K Mortgages, Homes & Bills
- 173K Life & Family
- 247.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards