Letting contract renewal issue

musey

Apologies Gari I had understood your situation to be you signed an original tenancy agreement of 12 months from 11th Sept 04 to 10th Sept 05 and then had signed another 12 month agreement 11th Sept 05 to 10th Sept 06.

I have to be honest and say I am unsure whether you would be classed as having an assured shorthold tenancy agreement or whether it would be deemed a periodic tenancy by virtue of the fact that you have not actually signed another agreement (if you see what I mean). A periodic tenancy is what an assured shorthold tenancy agreement becomes when the original fixed term has ended, it has the same terms and conditions etc as the original tenancy agreement but rolls on, on a month by month basis. If it is periodic you need to give 1 months notice to leave but your landlord must give you 2 months notice. If it is classed as another assured shorthold tenancy agreement then you do not need to give notice to leave at the end of the fixed term.

My personal take on this would be in either case giving 1 months notice to expire on your assumed last day (10th Sept) would be sufficient to fulfill your obilgations to the landlord. Just because they have inserted a clause into your tenancy agreement does not make it enforceable (imho it is an unfair clause). However I am unsure whether the signing of an "extention document" makes it an assured shorthold tenancy agreement as I do not use a document like that. If my tenants are happy to go onto a periodic tenancy after the fixed term I have no objections to them doing so, however if they want another fixed period I am happy to create a further assured shorthold agreement (unless of course I want them to leave in which case I would have begun the eviction process before they got to the end of the fixed term)

For your own peace of mind I would contact either your local housing aid, CAB or http://england.shelter.org.uk/home/index.cfm and take advice from them. That way you will feel confident that you have been given the correct advice.

For example I quote from Shelter

How does an agreement affect my rights?
Your agreement can give you extra rights, but it cannot take away any rights that the law gives you. These depend upon the type of tenancy you have and who your landlord is - a private landlord, a council or a housing association, for example. Check the section of this website that covers the type of landlord you have to find out more, and get advice if you're not sure of your rights


I believe this supports my understanding that they cannot force you to give 2 months notice as it takes away your right to give 1 months notice.

Also from Shelter

Unfair terms are not legally binding. If you think your agreement includes unfair terms or you landlord is holding you to something you don't think is fair, ask an adviser to look at the agreement for you. The Office of Fair Trading website has more information about unfair terms and how to complain.

garichd

Thanks Musey,

one question.. To whom should the notice be addressed, Landlord or Agent ?
the property is fully managed be letting agency.

musey

Cover them both and send 2 letters, 1 to agents and 1 to landlord. In reality your contract is with the Landlord and the landlord has a contract with the agents but at least sending to both covers all eventualities.