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Landlord will not accept our Notice to Vacate
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It is appreciated. But you do have the benefit of a number of people here who are capable of assimilating lots of information about a situation and indeed who prefer to do a deep think about all the facets of a problem. So you really don't need to cut it up into bite size chunks or dumb it down.... I was actually trying to think of other people here. Im not trying to take up space for the sake of it.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
jjlandlord wrote: »Protection from Eviction Act 1977 says a minimum of 4 weeks, not 1 month.
Common Law says a minimum of 1 tenancy period (exceptions for long periods like 6 months or 1 year)
The Shelter guy is clearly wrong: A contract cannot change the law, but that does not mean that it cannot create a periodic tenancy such that no statutory periodic tenancy will ever arise.
However, the clause you quoted does not do much imo and is probably not drafted a by a professional. So yes SPT it is.
I think you all missed the point. Legislation and common law provides a 'minimum'. If the tenant signs to give two months notice, then the contract is law because a minimum is just that and can be overridden by an agreement to do more than a minimum. It's only unenforceable, if the LL requires 2months notice at the moment the fixed term ends. You can, at this point, just hand the keys in.0 -
I think you all missed the point. Legislation and common law provides a 'minimum'. If the tenant signs to give two months notice, then the contract is law because a minimum is just that and can be overridden by an agreement to do more than a minimum. It's only unenforceable, if the LL requires 2months notice at the moment the fixed term ends. You can, at this point, just hand the keys in.
Not all clauses in ASTs are deemed fair or enforceable and they do not all trump the legislation. What you suggest means a landlord could insist the tenant serves a full year's notice but the landlord only has to give two months, providing it was in the AST.Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0 -
And another thread rises from the grave.0
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