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Tenants rights after giving notice
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jjlandlord wrote: »I would argue, though, that the wording of section 5(2) of HA 1988 suggests that a notice served by the tenant during the fixed term could prevent the SPT from arising: I.e., the SPT arises only if the tenant takes no action.
(2) If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of—
(a) an order of the court of the kind mentioned in subsection (1)(a) or (b) or any other order of the court], or
(b) a surrender or other action on the part of the tenant,
then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.
How would T's NTQ served during the fixed term cause the fixed term tenancy to end? You'd agree that a NTQ wouldn't end the tenancy if the notice expired, say, a week before fixed term expiry, - therefore an SPT would arise if T was in occupation at fixed term expiry. So why would it make any difference if T's NTQ happened to expire on the same day that the fixed term expired?
What ends the fixed term tenancy at fixed term expiry is the fact that the fixed term expires, not because the T has given notice. If that weren't the case, then T would be obliged to give notice to end the tenancy at fixed term expiry, and they're not.
(It so happens that, in the case of ASTs, and unlike common law tenancies, a statutory periodic tenancy will automatically arise if T is in occupation at fixed term expiry, and the SPT replaces the fixed term tenancy which has ended).0 -
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I'm afraid you created a monster.jjlandlord wrote: »Good point.0 -
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