Tenancy Agreement.. can someone translate for me?

natandchris10

I have another thread going at th moment. Just wondered if someone can help me find the meaning of this;

In the tenancy agreement it says nothing about notice. all it says is a term of 6 months.

question;

what does this mean;

2.The agreement creates an assured shorthold tenanct within Part l chapter ll of the housing act 1988. this means that when the term expires the landlord can recover possession as set out in section 21 of that act unless the landlord gives the tenant s notice under paragraph 2 of section 2A to that act stating that the tenancy is no longer an assured shorthold tenancy.


is this about notice? i have tried google but no results

BitterAndTwisted

http://www.legislation.gov.uk/ukpga/1988/50/contents

clutton_2

basically it means that you can move out exactly at the end of the 6 months... so if you move in on 5th January 2011 and sign on 5th january 2011 if you move out on 4th July 2011 you need give no notice (but it is always polite and good practice to do so). If you stay on after the 5th of july then you will need to give one months notice in full ending on the rent day and the LL would have to give you 2 months notice. Unless you stopped paying the rent - in which case he can get you out a bit quicker.

goRt

clutton wrote: »

basically it means that you can move out exactly at the end of the 6 months... so if you move in on 5th January 2011 and sign on 5th january 2011 if you move out on 4th July 2011 you need give no notice (but it is always polite and good practice to do so). If you stay on after the 5th of july then you will need to give one months notice in full ending on the rent day and the LL would have to give you 2 months notice. Unless you stopped paying the rent - in which case he can get you out a bit quicker.

Payment period, not month(s) notice - timing is everything

nikki_angel

lol! Just seen this on another forum and was going to suggest you post here!

natandchris10

nikki_angel wrote: »

lol! Just seen this on another forum and was going to suggest you post here!

Mumsnet ?lol

nikki_angel

yup. I always send people this way

tbs624

natandchris10 wrote: »

In the tenancy agreement it says nothing about notice. all it says is a term of 6 months.

question;

what does this mean;

2.The agreement creates an assured shorthold tenanct within Part l chapter ll of the housing act 1988. this means that when the term expires the landlord can recover possession as set out in section 21 of that act unless the landlord gives the tenant s notice under paragraph 2 of section 2A to that act stating that the tenancy is no longer an assured shorthold tenancy.


is this about notice? i have tried google but no results

What this means is that your tenancy is an Assured Shorthold Tenancy governed by the Housing Act 1988, as amended.

IIRC S2A refers to properties with high rateable values see also Schedule 1 to the Act, which lists out those tenancies which *cannot* be ASTs (AST threshold was amended Oct 1st 2010)

Schedule 2 lists out the Grounds (mandatory and discretionary) on which your LL may seek repossession prior to the end of your Fixed Term. If he wishes to regain possession at the end of the Fixed Term he has to first serve a S21 Notice of Intent to Repossess and then follow that up with a court order if the T does not go. Serving of a S21 does not necessarily indicate that the T is at fault in some way.

Confusingly for Ts, some LLs routinely serve a S21 early on in the tenancy "just in case" despite the fact that they may be happy when it comes to the AST expiry, for the T to remain there either with a new FT or on a month to month statutory periodic agreement (where rent paid monthly in the original contract)

Note that a S21 served either before (a)the tenancy agreement itself is signed and (b) before the tenancy deposit is registered will not be valid. Nor will one served with less than a full two months notice.


As a T you don't have to give notice to leave at the end of your Fixed Term - it's likely however to speed up the return of your deposit if you play fair and give the LL *some* warning.

You can't leave prior to the Fixed Term without having to pay for the remainder of that term, unless the LL agrees, which normally a LL will only do if you pay the reasonable costs involved in finding an acceptable replacement T. (edit: in tenancy agreements longer than 6 months there may be a break clause)

If you stay on after the FT expiry, on that stat periodic , you have to give one months notice and the LL must give you 2, both to tied in with a full "rent period" unless you both agree otherwise.