confused! rental agreement and giving notice

kpey

Planner wrote: »

Think you are confused.

Theres no notice requirements to end the fixed term, regardless of what the contract says.

If a tenant wants to leave during the periodic, then as you have stated the notice period is equivalent to that of a rent payment period regardless of what the contract says. So if you pay rent monthly and the contract says you have to give two months, the notice period in the contract is unenforceable and only one month is required. This notice must always end on the same date in the month that the fix term ended.

So olibearhorse, if your contracts say two months notice is required to end at the end of a calander month, you need to get them changed (unless of course rent is also payable only every two months).

Hi sorry to jump on this thread firstly!

Is the above only relevant if you are in the periodic? I am in a fixed term AST for a year with a six month break clause invokable by giving two months written notice - but I pay monthly rent. So do I have to give two months notice or on the basis that I pay the rent monthly can I give a months rent.

Sorry may be missing the point and apologies again for jumping on your thread!

olibearhorse

Planner wrote: »

Like tbs624

If you become a 'period tenant', you do not have to give notice to end on the original fixed term unless stated. ??????

Your either a Fixed Term Tenant or your a Periodic Tenant. Im not sure why you think someone can be a periodic tenant in the fixed term?

I don't think you can become 'periodic' within a fixed term. This is not possible until the fixed term has ended. Which is what we are all agreeing on. So the problem is?

olibearhorse

kpey wrote: »

Hi sorry to jump on this thread firstly!

Is the above only relevant if you are in the periodic? I am in a fixed term AST for a year with a six month break clause invokable by giving two months written notice - but I pay monthly rent. So do I have to give two months notice or on the basis that I pay the rent monthly can I give a months rent.

Sorry may be missing the point and apologies again for jumping on your thread!

If you are within your fixed term, the terms of the contract apply so by the sounds of it, you are required to give 2 months if you want to activate your break date as this is what you have signed and agreed. Every contract is different.

kpey

olibearhorse wrote: »

If you are within your fixed term, the terms of the contract apply so by the sounds of it, you are required to give 2 months if you want to activate your break date as this is what you have signed and agreed. Every contract is different.

Then that is what I shall do! Thanks! :beer:

Planner

If you are in your fixed term and the contract requires you to give notice to just before the end of it, the term in the contract is void as there is NO REQUIREMENT TO SERVE NOTICE TO END THE FIXED TERM regardless of what your contract says.

If you are in your periodic and a term in your contract requires you to give two months notice and you pay rent monthly, then this term in the contract is also void. THE NOTICE REQUIREMENT TO END A MONTHLY PAYING PERIODIC TENANCY IS ONE MONTH ONLY regardless of what it says in the contract.

If you have a breakclause then this is the only time where contract law takes precedent to statute. You must activate the breakclause in the form that it is prescribed in your contract.

Are we all clear on this now?

So mand1976, serve one months notice (regardless of what the contract says) ending on the same date in the month that the fixed term ended.

Kpey your requirement to activate the breakclause is two months notice.

olibearhorse

Planner wrote: »

NO NO NO!!!

If you are in your fixed term and the contract requires you to give notice to just before the end of it, the term in the contract is void as there is NO REQUIREMENT TO SERVE NOTICE TO END THE FIXED TERM regardless of what your contract says.

If you are in your periodic and a term in your contract requires you to give two months notice and you pay rent monthly, then this term in the contract is also void. THE NOTICE REQUIREMENT TO END A MONTHLY PAYING PERIODIC TENANCY IS ONE MONTH ONLY regardless of what it says in the contract.

Are we all clear on this now?

So mand1976, serve one months notice (regardless of what the contract says) ending on the same date in the month that the fixed term ended.

HE HAS A BREAK DATE! an option to break within the years fixed term!!!!! READ what he has written!

tbs624

olibearhorse wrote: »

HE HAS A BREAK DATE! an option to break within the years fixed term!!!!! READ what he has written!

olibearhorse - you have confused things by responding to a secondary poster with a separate contractual issue in this thread. Planner is, I think, referring to Mand's original query back up at the top of the thread and has since amended the post to allow for both queries.

I think also that one of your earlier posts reads to others in a way you hadn't perhaps envisaged:

olibearhorse wrote: »

this is only if you are within your 'fixed term' if you are 'periodic', then you go by the terms of the contract which could be anything from giving one month or like we do, 2 months 'to vacate at the end of a calendar month'. Depends on the contract.

My emboldening. Had you punctuated after the phrase 'fixed term', then it would have made understanding your post simpler. Before I get jumped on, it is not about being a member of the "spelling/grammar police" (most of us recognise that this sort of error happens when people are responding quickly) but it's about looking back at where/why there is possible confusion

olibearhorse

tbs624 wrote: »

olibearhorse - you have confused things by responding to a secondary poster with a separate contractual issue in this thread. Planner is, I think, referring to Mand's original query back up at the top of the thread and has since amended the post to allow for both queries.

I think also that one of your earlier posts reads to others in a way you hadn't perhaps envisaged:
My emboldening. Had you punctuated after the phrase 'fixed term', then it would have made understanding your post simpler. Before I get jumped on, it is not about being a member of the "spelling/grammar police" (most of us recognise that this sort of error happens when people are responding quickly) but it's about looking back at where/why there is possible confusion

multi-tasking between work and this.........:rolleyes:

mand1976

cheers for all ur help, im still confused, but just gave my notice and the LL has subsequently brought it forward to the sat??!!! i presume i only pay until the saturday!!!? lol