assured shorthold tenancy notice period

johnplayer

Hi,

I moved into this apartment in april 2009 as a tenant on assured short hold tenancy. It had a fixed term of initial 6 months and I am paying rent every month. My tenancy agreement is renewed on annual basis. It contains the following clause for notice periods;

"It is hereby agreed that either side may terminate this contract at anytime by first giving two months prior written notice provided such notice runs from a rent payment date"

My rent payment date is on 11th of everymonth, So does this mean that if I find a property around 15 or 20th of a month then I will have to wait until 11th of next month to give a 2 month notice!!! which effectively will become a 2-3 month notice for me (as i will have to wait 20-25 days to give notice).

Unfortunately in last couple of months I have not seen any property that will wait that long for me, most rental properties are available now or in a month maximum.

Please guide me what I should do in this case, because it seems impossible to give this much notice and find another flat who will wait this much for me.

RAS

Hi

England, Wales or Scotland?

casper_g

When you renew your tenancy agreement every year, do the new agreements have new fixed term periods associated with them? If not, they seem pointless. If so, you need to move out after the end of the fixed term, or you'll be expected to pay rent until then in any case....

johnplayer

@RAS its in Middlesex, England

@casper_g, the agent charges a fee of 40 pounds to renew the contract. Basically it is the same contract but without any fixed term, though the title of the contract still says assured shorthold tenancy agreement. The contract has been renewed 2 times since i moved to this place. Once in april 2010 and second time in april 2011, but it does not state any fixed period.

RAS

johnplayer wrote: »

The contract has been renewed 2 times since i moved to this place. Once in april 2010 and second time in april 2011, but it does not state any fixed period.

What exactly does that April 2011 renewal say? You could be locked in for a miminum period.

johnplayer

TERM:
"A further term of ONE YEAR from 11 April 2011"

END OF TENANCY:
"It is hereby agreed that if either side wish to bring this tenancy to an end on its fixed term expiry date i.e. 10th April 2012 two months prior written notice must be given should no notice be received by this date it is assumed the tenancy will continue on the same terms as stated within this contract immediately after this tenancy expires".

TERMINATION OF TENANCY PRIOR TO FIXED TERM EXPIRY DATE (RENEWAL):
"It is hereby agreed that either side may terminate this contract at anytime by first giving two months prior written notice provided such notice runs from a rent payment date".

TERMINATION OF TENANCY PRIOR TO FIXED TERM EXPIRY DATE (AS IN ORIGINAL FIRST CONTRACT):
It is hereby agreed that either side may terminate this contract on or after its six month anniversary date i.e. 11th October 2009 by first giving two months prior written notice provided such notice runs from a rent payment date

00ec25

johnplayer wrote: »

TERM:
"A further term of ONE YEAR from 11 April 2011"

so you are in a new fixed term expiting 10 April 2012

END OF TENANCY:
"It is hereby agreed that if either side wish to bring this tenancy to an end on its fixed term expiry date i.e. 10th April 2012 two months prior written notice must be given should no notice be received by this date it is assumed the tenancy will continue on the same terms as stated within this contract immediately after this tenancy expires".

err, rubbish.
the tenant NEVER has to give notice at the natural end of the fixed term (the LL does). It would appear the LL is conning you into accepting that you will warn the LL you are intending to move out at the end of the fixed term. It is considered polite to warn the LL but not legally required irrespective of whatever is written in the agreement

TERMINATION OF TENANCY PRIOR TO FIXED TERM EXPIRY DATE (RENEWAL):
"It is hereby agreed that either side may terminate this contract at anytime by first giving two months prior written notice provided such notice runs from a rent payment date".

in respect of the LL this is wrong - the LL may never evict a T in the first 6 months of a fixed period unless it is as a result of court action for rent arrears (or proven breach of contract). After 6 months the LL may use the break clause as written but NOT before


see below for the effect on the T of this break clause

so you have a new fixed term contract, however, you have been given a break clause so your understanding is correct, you can exercise the break clause prior to April 2012 by giving notice on or before the 11th of each month with a date to vacate the property on the 10th in 2 months time, so yes effectively you are required to give such notice because otherwise you are tied into the fixed term date and cannot leave before April 2012 without following the terms of the break clause

BTW if your rent payment date is not 11th of each month then this clause is also rubbish - notice dates reflect the rental period, they will only ever be rent dates if that rent date is coterminous with the rental period itself.

G_M

Given the clause allowing 2 months notice, it is pretty superluous to be renewing the fixed term each year. However you are basically right.

You can give 2 months notice as from the 11th of the month. So yes, if you gave notice on 12th of the month you would effectively have to give just short of 3 months notice.

N79

00ec25 wrote: »

so you have a new fixed term contract, however, you have been given a break clause so your understanding is correct, you can exercise the break clause prior to April 2012 by giving notice on or before the 11th of each month with a date to vacate the property on the 10th in 2 months time, so yes effectively you are required to give such notice because otherwise you are tied into the fixed term date and cannot leave before April 2012 without following the terms of the break clause

BTW if your rent payment date is not 11th of each month then this clause is also rubbish - notice dates reflect the rental period, they will only ever be rent dates if that rent date is coterminous with the rental period itself.

Well technically a break period is a contractual provision so there is no reason why it needs to align with rental periods. It can say whatever LL and T want.

However, I just thought you would be interested to know that the

"in respect of the LL this is wrong - the LL may never evict a T in the first 6 months of a fixed period unless it is as a result of court action for rent arrears (or proven breach of contract). After 6 months the LL may use the break clause as written but NOT before"

is not correct. The 6 months applies only to the first fixed period. Later fixed periods can be considered replacement tenancies (provided they meet the definition in the housing act - basically same Ts and same property) and S21 (5) makes clear that in the case of replacement tenancies, the 6 month period runs from the start of the original tenancy.

Therefore this break clause is valid for both LL and T throughout the most recent tenancy (unless a new T was added or an old T taken off the tenancy when it was renewed).

johnplayer

Thanks guys for the feedback. I guess the only practical option for me is to request the LL to consider revising the notice period to make it a bit flexible, because according to current notice period I am unable to find a new place without sacrificing 1-2 months rent which I can not afford. Or to give the notice to LL and then look for a property but that seems quite risky as I may not find a suitable one and have to compromise and move into whatever I get.

Snorkerz

johnplayer wrote: »

Thanks guys for the feedback. I guess the only practical option for me is to request the LL to consider revising the notice period to make it a bit flexible, because according to current notice period I am unable to find a new place without sacrificing 1-2 months rent which I can not afford. Or to give the notice to LL and then look for a property but that seems quite risky as I may not find a suitable one and have to compromise and move into whatever I get.

I see where you are coming from... BUT

Your contract is for a fixed term of 12 months, with tenancy contracts, if you move out before the end of the fixed term, you still have to pay the rent. So this extra clause - in effect a break clause - is already the landlord being flexible.

What you may not realise is that if you give notice - and then haven't got a place to go at leaving date - you can NOT be thrown out! Admittedly, there would be consequences, but the LL would still have to get a court order to actually MAKE you go.