Leaving rental property......notice

pmlindyloo

emsywoo123 wrote: »

I have just read the AST again and really, am none the wiser. I consider myself (foolishly it now appears) to be relatively bright, but I just do not want to get this wrong.
So here it is.....word for confusing word........

Section E - Special Clauses (individually negotiated with the tenant)

1. In the case of an Assured Shorthold Tenancy the landlord and the tenant may bring the tenancy to an end (but not earlier than 12 months from the commencement date or the date of this agreement whichever shall be the later) 1) by giving to the other party not less than two months written notice on or before the next rent payment date stating, in the case of a notice given by the landlord, that the landlord requires possession of the premises 2) and not less than one months notice on the rent payment date in the case of a notice given by the tenant that he requires to terminate the tenancy

I am not surprised that you cannot understand it.

Absolutely dreadful.

I read it as in the case of the LL they need to give 2 months' notice
and you have to give 1 month's notice. So the two bolded parts should be read as the first referring to the landlord and the second referring to the tenant.

fishpond

emsywoo123 wrote: »

Hi
I am not sure what this is - the AST date passed and nothing happened, hence I assumed I am just rolling along :rotfl:[/QUOTE

You automatically went to a periodic from an ast, this is normal if you do not leave after the ast, you would also need to give 1 months notice to the LL if you wanted to then leave & the LL would need to give you 2 months if the LL wanted you to leave (this is fairly standard).
But---as the following appears to be in your original ast contract"by giving to the other party not less than two months written notice"
It appears that you may be in a contractual periodic where it is stipulated in the original contract that you have to give 2 months notice instead of the tenant to the LL fairly standard 1 month.
Whether the LL holds you to this is up to your LL
HOPE THIS HELPS

theartfullodger

fishpond wrote: »

It could be a contractual periodic?

I understand that: Just like it could be that our next monarch is not from "that family": (yes, Parliament has changed the succession rules before & can again...)

I put it is HIGHLY unlikely they need to give 2 months notice: Along with many I understand your point...

£5 to an agreed housing charity if this AST turns out to be contractual.

Cheers!

emsywoo123

pmlindyloo wrote: »

I am not surprised that you cannot understand it.

Absolutely dreadful.

I read it as in the case of the LL they need to give 2 months' notice
and you have to give 1 month's notice. So the two bolded parts should be read as the first referring to the landlord and the second referring to the tenant.

Thank you - I am relieved to hear it is not only me that thinks it is poorly written. :rotfl:

So er.....what is the point of this particular "special clause"?!

The other 3 clauses under section E include wasps nests, carpet cleaning and smoking - I understand these, but I just want to make sure I am not missing something significant with this oddly worded arrangement above!

emsywoo123

fishpond wrote: »

emsywoo123 wrote: »

Hi
I am not sure what this is - the AST date passed and nothing happened, hence I assumed I am just rolling along :rotfl:[/QUOTE

You automatically went to a periodic from an ast, this is normal if you do not leave after the ast, you would also need to give 1 months notice to the LL if you wanted to then leave & the LL would need to give you 2 months if the LL wanted you to leave (this is fairly standard).
But---as the following appears to be in your original ast contract"by giving to the other party not less than two months written notice"
It appears that you may be in a contractual periodic where it is stipulated in the original contract that you have to give 2 months notice instead of the tenant to the LL fairly standard 1 month.
Whether the LL holds you to this is up to your LL
HOPE THIS HELPS

Ah ha, now you have read it in another way to another poster! Definitely badly written.......:o

jjlandlord

Nothing in what OP said suggests that there is a contractual periodic tenancy, or that the quoted clause has any effect for that matter.

fishpond

jjlandlord wrote: »

Nothing in what OP said suggests that there is a contractual periodic tenancy, or that the quoted clause has any effect for that matter.

Question, How so?

jjlandlord

fishpond wrote: »

Question, How so?

We don't know how the tenancy is defined in the agreement.

This is just a clause how to end the tenancy. It may or may not have any effect.

fishpond

jjlandlord wrote: »

Nothing in what OP said suggests that there is a contractual periodic tenancy, or that the quoted clause has any effect for that matter.

It does to me.

jjlandlord

fishpond wrote: »

It does to me.

Well, if you have read his tenancy agreement, please quote us how the tenancy is defined.