Renewing Tenancy Agreement £70

littlemissmoney

Might it be an idea to write to my landlord directly? Those LL who use agents, would this annnoy you? I assume you use agencies to cut out the hassle factor.

Or I could write to agency and CC in the LL, or write to LL and CC in the agency?

sooz

littlemissmoney wrote:

Btw, I have to find my own witness, photocopy it myself and pay for a stamp to send it back to them. I really have no idea what this £70 pay for.

expensive ink?

clutton_2

Hot Off the Press -

the new insurance Backed Tenant Deposit Scheme has been awarded jointly to the National Landlords Association and Hamilton Fraser insurance brokers. it will start in April next year.

prudryden

clutton wrote:

Hot Off the Press -

the new insurance Backed Tenant Deposit Scheme has been awarded jointly to the National Landlords Association and Hamilton Fraser insurance brokers. it will start in April next year.

Thank you for the info. Clutton - How do you interpret the wording in the addendum Re: the 6 months. Do you feel that wording needs clarification?

clutton_2

hi pru, i think Hubert is the real expert for us all in this - sorry i have not got much time right now to read back all thru just at the moment, maybe hubert could clarify for us ? i'll give it a shot later on !!

Tassotti

OK..When a tenant is in a Fixed Term AST, legally, they can leave WITHOUT any notice whatsoever at the end of the tenancy.

By adding a clause to a fixed ast asking for 2 months notice by the LL is an ILLEGAL TERM.

If the agreement becomes periodic, then tenant is required to give 1 months notice. LL 2 months. This 1/2 month is date specific

Cleared up now?

Tass

prudryden

Tass
That wasn't what we were discussing.

Her initial tenancy agreement is coming to an end in due course. She has been asked if she wants to renew for another year with the same conditions.

The question is: If she wants to exercise the 6 month breakclause in the new Tenants Agreement, can she give her two months notice in the 4th month? The wording in the addendum is badly worded and is open to interpretation. My feeling is that she may give notice in the 4th month, not the 6th month. This is the way all my contracts read.

We haven't really discussed periodic tenancy for this OP, because the LL has decided against periodic tenancies.

The OP explained that the Addendum was not added on to the agreement, but is included with the original for her signature.

Read post #56 - What is your interpretation of the second paragraph? Does it seem odd?

clutton_2

pru - i read it that the 2 months notice is given at the end of the 6 months term, and that both parties can then give 2 months notice - this makes no sense whatsoever - (say AST dated 1st Jan) if the "agreed term" is 6 months then the tenant can move out on 30th 'june and, according to this addendum, nees to give no notice whatsoever, as the "agreed term" has come to an end.

i would suggest this AST is not enforceable in terms of the notice required clauses after the end of the 6 months. A contract has to have "clear" terms, and these certainly are not - i would guess that a judge would rule in favour of the tenant as its such a muddley and contradictory document ..... only my humble opinion mind.

Sparky67

I have to say I have very little faith in letting agents!

I have read Post 56 and it is a little ambiguous - you could read it that you can only give the notice to terminate after the 6 months, or that the actual date of the termination must be after the 6 months (ie you could give notice at month 4).

As the Landlord can give you your notice (if he wished) the day you sign the AST, to expire on the last date of the AST, surely it would then follow that you could give notice after month 4, to terminate at the first possible date after month 6 (IMHO).

Doesn't help you with your issue about being tied to one month's notice though...

prudryden

Thanks sparky - I wanted to use the word ambiguous, but couldn't remember how to spell it, so I avoided it.

Miss Money - You now have three professionals (possibly using that word loosely), maybe four if Tass comes back, who are unable to comprehend the meaning of that paragraph.

It can't be a large LA such as Winkworths or Foxtons. Sounds like a small unsophisticated agency or the LL trying to write their own agreement.