notice to LL, she is expecting 2 months we want to give 1 month

RabbitMad

On the notice issue I wonder whether it could be "got round" by having a long fixed term contract (say 4 years) with a break clause at 6 months and then every subsequent month?

It gives the tenant all the same protection but means they can't just do a flit at the end of the "initial" fixed term without any notice.

Just thinking out loud and expect the more knowledgeable of you to tear this to shreds.

clutton_2

an AST can only be 3 years long

tbs624

clutton wrote: »

an AST can only be 3 years long

There is much confusion over this one. An AST *can* be for longer than 3 years, it's that it has to be executed by Deed and if over 7 years duration , registered with HM Land Reg. ( if over 7 years then the usual LL&T ACT 1985 S11 "repairing obligations" aren't applicable)

RabbitMad

ok so a 3 year ast with break clauses at 6 months and every subsequent month?

tbs624

So why would a T want to sign up to such a "contract" when if s/he signed for an initial 6 months FT and then remained at the property under a stat periodic the LL has to give 2 months notice and the T one? What additional benefit would there be to the LL?

If LLs maintain a decent relationship with their Ts, then the Ts are more than likely to give a period of notice within a fixed term,of their own volition. On the other hand, LLs trying to play silly b's with tagged on clauses, which are likely to be unenforcable, will find that their action hardly engenders a sense of mutual respect.

Planner

RabbitMad wrote: »

On the notice issue I wonder whether it could be "got round" by having a long fixed term contract (say 4 years) with a break clause at 6 months and then every subsequent month?

It gives the tenant all the same protection but means they can't just do a flit at the end of the "initial" fixed term without any notice.

Just thinking out loud and expect the more knowledgeable of you to tear this to shreds.

Nothing wrong with that. Just a standard breakclause you would find in lots of 12 month ASTs. I would suggest that because the AST is so long (4 years in your example) that 3 - 6 months notice should be required by tenant/landlord after the first 6 months in order to exercise the break and end the tenancy?

djkarl

The stuff the people who made the sink has removed the marks, we agreed on £12 deducation for that.

I've got an email from DPS the Repayment has been initiated, let the fun begin.

She's claiming something like £380 for the cost of re-letting the property and 2 days lost rent as i didnt give her 2 months notice...

djkarl

Sorry to keep bumping this
As per my last post we've now moved and about to enter the ADR process to TDS

To give you an idea of what we're dealing with, here is what she wanted me to sign when we moved out.

As I told you verbally when you delivered your notice to me on Saturday 27th of June and confirmed again in wiring in my letter June 29 2009, the notice period you are required to give me per your contract is 2 months not 1. I enclosed a copy of the page covering the termination of your contract in case you had lost your contract. This cover points 7.1, 7. And 7.3. My solicitor agreed that your contract ‘rolls over’ under the same terms and conditions of the contract signed. If that were not the case then one could claim that all other terms and conditions of the contract no longer apply, including for example, the amount of the rent.

7.1 states that the landlord or tenant may terminate the tenancy by giving not less than two months written notice, such notice not to expire earlier than the end of the fixed term of the tenancy and 7.2 explains very clearly that if you want to leave the property at the end of the six month period, you must give your notice on the forth month of the tenancy.
7.3 states that ‘if the tenancy is terminated by the tenant, in an way, in breach of this agreement the shall pay the full cost of re-letting the premises and any loss of rent incurred due to tenants actions’. As new tenants have been found, but no contract has as of yet been signed, it is due to be signed on Monday, August 3rd, I am claiming my estate agents cost for finding the new tenant which are £262.50 plus VAT, giving a total of £301.88. I am also claiming 2 days rent which has been lost as the new tenant won’t move in till August 3. This is £36.16 and has been calculated as follows: £550 x 12 = £6,600 annual rent, divided by 365 days = £18.08 per day, times 2 days= £36.16. Should the new tenant, for any reason not go ahead and sign the contract on Monday then I will claim the full month’s rent of £550 which I am entitled to under your contract.

As you did not give me the 2 months notice required and it is now holiday season, I felt that it was necessary to reduce the rent by £25 a month in order to attract new tenants quickly. Had you given me the 2 months notice required then I would not have felt compelled to reduce my rent at all. My solicitor thinks I should claim for this too (6 months contact x £25 lost rent =£150). However, out of goodwill, if we all agree on my being paid £338.04 from the deposit I will not make a claim for this.

Should we not agree on the above and it has to be decided by the DPS, then I will for the 2 days lost rent, my estate agents fees to re-let the property, the £150 lost from reducing the rent in order to find new tenants quickly s well as any solicitors fees I may incur if I have to make a sworn declaration to be witnessed by my solicitor. This will be a total of £488.04 plus solicitors fees.

Catblue

You didn't sign it, right?

Ignore, ignore, ignore.

She's obviously got absolutely nothing better to do. Feel really sorry for the new tenants.

Funny how she is insisting that her solicitor told her this and that, but she obviously isn't confident enough of her case to instruct the solicitor to do any work on her behalf - hence why she is drafting all this rubbish herself. "My solicitor thinks...." indeed.

Personally, I would take this as a clear sign that even she is acknowledging that she would be chucking her money away if she instructs the solicitor.

franklee

You were on a statuary periodic tenancy IIRC:

Post #51 quotes you the law on this. Have you written to her pointing this out? If her "solicitor" gets directed at this then I'm sure he would understand it

http://forums.moneysavingexpert.com/showpost.html?p=22894005&postcount=51

I wonder just what part of (e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy. your landlady doesn't get

I would quote that law to the ADR too (with direct link to opsi) in case they don't get it either!!!

I'm really sorry you are having such a headache with this and hope it gets sorted soon!