We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Tenant's notice on periodic tenancy
Comments
-
Stuff that is covered by statute is generally not included in tenancy agreements because it is not possible for a tenancy to override statute law, and also because people are presumed to know the law
Ts notice is not covered by statute (well, ok it is a bit in the Protection from Eviction Act 1977 which puts restrictions on notices to quit from Ts) but derives from Common Law tenancies and Case Law. See above for a key case.
I tend to agree with this but as others have said the courts have laid down the correct notice provision and nothing written into a tenancy agreement can overide the court's implied terms.I do think however that the tenancy agreement should mention the notice - it is kind of an important piece of information!0 -
Thanks for the clarification N790
-
Thanks guys. Getting clearer now. Guess I'll need to make some phone calls tomorrow.0
-
I have quoted it for you above.Understood. I wonder however how many tenants know that particular piece of law if they weren't told and it isn't in their agreement.
And, if I were to look up this statute (and how does one do that?) would I find a clause that says if the tenant wants to give notice he/she must give notice until the date at end of the period, covering for a minimum of that period? I'd love to see it.
Just remember you do not need a tenancy agreement to have a tenancy - hence why there are many tenancy terms laid down by law and applicable to all tenancies (and which override any written terms).The tenancy agreement should state information like this, and without doing so I think it makes it an unfair contract. At the very least, the information contained in the statute should be readily available to refer to.0 -
I do think however that the tenancy agreement should mention the notice - it is kind of an important piece of information!
No point, section 5.3.e 1988 Housing Act specifically voids it.
http://www.letlink.co.uk/letting-statutes/statutes/housing-act-1988.html#ST0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.4K Banking & Borrowing
- 253.7K Reduce Debt & Boost Income
- 454.4K Spending & Discounts
- 245.4K Work, Benefits & Business
- 601.2K Mortgages, Homes & Bills
- 177.6K Life & Family
- 259.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards