Renting - contract documents

alexkxx

Hello all,

Iam about to move into a new rented property next month. This is with a private landlord and for a 12 month fixed term.

I have been given the contract to review in advance. It looks ok with a 6 month break clause and 2 months notice from either side after the 6th month.

However there is another document, given along with it.

"Notice requiring possession of an assures shorthold tenancy housing act 1988 section 21 (1)(B) - as amened by housing act 1996"

This document, addressed to me from the landlord, just says that the landlord required possession of the property on a future date (which is exactly 1 year after the move in date) with the date of notice printed as the move in date.

Is this all normal? Will there be any problems if i sign this document?

Thanks for any help.

Debt_Free_Chick

alexkxx wrote: »

However there is another document, given along with it.

"Notice requiring possession of an assures shorthold tenancy housing act 1988 section 21 (1)(B) - as amened by housing act 1996"

As you've spotted it, it's not really a problem.

The LL is giving you notice NOW that he wants the property back at the end of the fixed term.

He might be open to extending the tenancy nearer the time but, for now, you're only certainty is that the contract will run for no more than 12 months. If he wants to use the break clause, he'll have to give you another Notice, like this one, but with a two month notice period - two months meaning two rent periods, as defined in the main contract.

alexkxx

Thanks.

So to clarify:

1) He couldnt ask me to vacate before the first 6 months.
2) He could only ask me to vacate after the 6th month only by giving me 2 month notice first. So that would mean, i still get to stay at the property for a minimum of 8 months guaranteed.

Am in right in those points?

Thanks again.

Debt_Free_Chick

alexkxx wrote: »

Thanks.

So to clarify:

1) He couldnt ask me to vacate before the first 6 months.

Yes. The contract should refer to the term as "6 months, certain" or something similar.

2) He could only ask me to vacate after the 6th month only by giving me 2 month notice first. So that would mean, i still get to stay at the property for a minimum of 8 months guaranteed.

Yes.

Does the contract state a "rent period"? If not, does it state the day of the month when the rent is DUE? If so, post those dates and we'll give you the precise procedure that must be followed, if the LL is to us the break clause.

Premier_2

It's not unusual, especially if renting through a LA. All it means is that notice is being given that the tenancy will end at the end of the 12 month period, so you don't have to give any notice (even though there is no legal obligation for you to do so anyway at the end of the fixed term - it's only normally a matter of courtesy). Even so, the notice can be anulled by mutual agreement or more likely the LA will be seeking a further 12 month TA - then they can get paid comission again.

A couple of things you should be aware of. A valid S.21 notice can only be served after you have signed the TA, but perhaps the one you have is just and advance copy.
Also, with the introduction of legislation requiring deposits for an ASTA to be protected, a valid s.21 notice can only be served once the deposit is actually protected, which the law allows 14 days to happen.

Premier_2

alexkxx wrote:

1) He couldnt ask me to vacate before the first 6 months.

As it's an ASTA, the LL cannot evict you before the end of the initial 6 months (as long as you abide by the terms of the TA). That is your statutory right.

alexkxx wrote:

2) He could only ask me to vacate after the 6th month only by giving me 2 month notice first. So that would mean, i still get to stay at the property for a minimum of 8 months guaranteed.

I believe the intention would be that either side could end the TA by giving notice, such expiration not ending before the expiry of the initial 6 months. So that means the LL could end the tenancy by giving you 2 months notice to leave no later than 4 months after the commencement, so that it ends after 6 months.

You may want to clarify this point.

Debt_Free_Chick

Premier wrote: »

I believe the intention would be that either side could end the TA by giving notice, such expiration not ending before the expiry of the initial 6 months. So that means the LL could end the tenancy by giving you 2 months notice to leave no later than 4 months after the commencement, so that it ends after 6 months.

Oops - yes, I agree. The LL could give two months notice for the AST to end after 6 months as a AST is generally only for "6 months certain".

tbs624

alexkxx wrote: »

.....Will there be any problems if i sign this document?

Not for you, but there can be for your LL if you can show that you signed it before (a) your tenancy agreement was signed and /or (b) before the LL had protected your tenancy deposit where required to do so under the terms of the Housing Act 2004, or if the LL gets the dates periods within the Notice itself wrong.

It is, as the others have said, a formal notice that the LL may require repossession at the end of the agreed Term. He may be happy for the tenancy to continue after the expiry Fixed Term but if he is not, then having had correct service of a validly dated S21 is a necessary precursor to court proceedings to evict any tenant who "overstays their welcome"


If you have concerns about the wording of anything you are asked to sign always contact a law centre, CLS direct or Shelter for clarification. A good tenancy agreement will contain a sentence or two suggesting that you seek your own advice before signing.

alexkxx

The contract says:

---

Term: For a fixed period of 12 months
Commencing on 17/10/2008

Rent: £700.00 pcm First payment due on 17/10/2008 and thereafter on the same day in each calendar month by standing order to reach the Landlord's account on or before each rent date

Depost: £1050.00 to be held by the landlord

---

But the LL told me verbally that the deposit will be put in the govt scheme. Should i get that amended in the contract or will it not be a problem for me as a tenant?

Thanks

tbs624

alexkxx wrote: »

TDepost: £1050.00 to be held by the landlord

....But the LL told me verbally that the deposit will be put in the govt scheme. Should i get that amended in the contract or will it not be a problem for me as a tenant?

One of schemes is custodial - others are insurance based and LL can hold the deposit him/herself

Edit: See here for further info

alexkxx

Premier wrote: »

As it's an ASTA, the LL cannot evict you before the end of the initial 6 months (as long as you abide by the terms of the TA). That is your statutory right.


I believe the intention would be that either side could end the TA by giving notice, such expiration not ending before the expiry of the initial 6 months. So that means the LL could end the tenancy by giving you 2 months notice to leave no later than 4 months after the commencement, so that it ends after 6 months.

You may want to clarify this point.

Thanks. The contract has this point

"Neither notice will apply until it has been legally served on the other side, or before six months have passed from the start of this contract."

So does this mean the LL could give notice only after the 6th month and since the notice period is 2 months, i would be able to stay till the 8th month atleast?