Notice required Assured Short-hold Tenancy

mrapoc

Hello


We are set to move out from our first rented accommodation and just a bit confused about how much notice we have to give.


It was 6 months agreement then it turns to "monthly tenancy with notice required as detailed below".

We are well past that now. We have found a place we have pretty much got. But this is the thing we don't like in what we signed:

"The tenant may end the tenancy by giving notice in writing to the Landlord of not less that 2 months where the notice starts on a rent due date and ends no earlier than the last day of the fixed term."

So we are out of the fixed term...month by month and we pay on the 1st of each month. So do they mean a month and we have to or are they trying their luck? In any case has anyone got a nice letter template? We really do not fancy paying for two places...

Time is of the essence :undecided thanks!!

G_M

Does it say what happens after the fixed term?

If a CPT, you need to give 2 months starting on rent day.

If SPT ignore the clause - you need to give one full tenancy period (1 month ending with the period)

see:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

mrapoc

"Term

The fixed term of this assured short-hold tenancy is six months.
After this the tenancy reverts to a monthly tenancy with notice required as detailed below."

That's all it says in regards to term.
Then

"Tenant Notice

The tenant may end the tenancy by giving notice in writing to the Landlord of not less that 2 months where the notice starts on a rent due date and ends no earlier than the last day of the fixed term"

So if at no point does it mentioned "Contractual periodic tenancy" then we assume its Statutory meaning 1 month is all that can be realistically enforced?

:T

G_M

mrapoc wrote: »

"Term

The fixed term of this assured short-hold tenancy is six months.
After this the tenancy reverts to a monthly tenancy with notice required as detailed below."

That's all it says in regards to term.
Then

"Tenant Notice

The tenant may end the tenancy by giving notice in writing to the Landlord of not less that 2 months where the notice starts on a rent due date and ends no earlier than the last day of the fixed term"

So if at no point does it mentioned "Contractual periodic tenancy" then we assume its Statutory meaning 1 month is all that can be realistically enforced?

:T

that seems pretty clear.

The contract specifies that at the end of the Term a periodic tenancy follows, and also specifies what notice is required.

You now have a Contractual Periodic Tenancy and must give notice "of not less that 2 months where the notice starts on a rent due date"

Sorry to provide bad news!

mrapoc

Balls.

Well hopefully they will let us off considering the work we have done for them! Estate agent for the new place even said they can only enforce a month!

Cheers

G_M

mrapoc wrote: »

! Estate agent for the new place even said they can only enforce a month!

Cheers

Well - he's a professional who's dedicatad his career to working in this field. I imagine he's been through training courses, has experience, a professional reputation, and qualifications.

So ignore what I said and follow his advice....

His_Dudeness

Are you sure that there is nothing else? Not even a section (on the front page) regarding the agreed start date?

The issue is that these clauses are often so badly drafted that it is not clear what they actually mean, or even what the intention was. The clauses on notices are also usually very badly drafted and start as a break clause with dodgy changes in the possible expiry dates.

mrapoc

It is badly written and extremely basic. The first page is just our details and their details and that we start tenancy from the 1st december and that it ends 1st June. then it plainly says by signing below the tenants agree to the conditions defined pages 2-6. On page two is:

"Term

The fixed term of this assured short-hold tenancy is six months.
After this the tenancy reverts to a monthly tenancy with notice required as detailed below."

That's all it says in regards to term.
Then

"Tenant Notice

The tenant may end the tenancy by giving notice in writing to the Landlord of not less that 2 months where the notice starts on a rent due date and ends no earlier than the last day of the fixed term"

And that's all that defines notice. Monthly by monthly is vague - they don't say if its a contractual or statutory agreement. I'll pop in today with it and ask them to check it.

To clarify we did not sign anything additional once our 6 months was up - its the original agreement when we first moved in. Does this carry over regardless?

His_Dudeness

mrapoc wrote: »

The first page is just our details and their details and that we start tenancy from the 1st december and that it ends 1st June.

If it does say that the tenancy ends on the 1st June, that an important piece of information. (as an aside the above means that the term is for 6 months and a day... more bad drafting).

mrapoc wrote: »

After this the tenancy reverts to a monthly tenancy with notice required as detailed below."

I would then be tempted to interpret this as being too unclear and badly written to conclusively create a new periodic tenancy after the fixed term one has ended.
Then you would have a statutory periodic AST and the clause on notices would be ineffective.

Guest101

The reason for 2 months notice is usually so the LL can market the property.


Most sensible LLs would be flexible with notice if the tenant is flexible with viewings.


If the LL or the LA insist on 2 months notice.


The prudent tenant would of course utilise their right to quiet enjoyment, give the LA a few 'gaps' for viewings (if the contract has a viewings clause at all), and insist that there is at least 24 hours written notice.


Once the Agent arrives with the tenants, the house might not be up too scratch, so to speak.

pmlindyloo

mrapoc wrote: »

It is badly written and extremely basic. The first page is just our details and their details and that we start tenancy from the 1st december and that it ends 1st June. then it plainly says by signing below the tenants agree to the conditions defined pages 2-6. On page two is:

"Term

The fixed term of this assured short-hold tenancy is six months.
After this the tenancy reverts to a monthly tenancy with notice required as detailed below."

That's all it says in regards to term.
Then

"Tenant Notice

The tenant may end the tenancy by giving notice in writing to the Landlord of not less that 2 months where the notice starts on a rent due date and ends no earlier than the last day of the fixed term"

And that's all that defines notice. Monthly by monthly is vague - they don't say if its a contractual or statutory agreement. I'll pop in today with it and ask them to check it.

To clarify we did not sign anything additional once our 6 months was up - its the original agreement when we first moved in. Does this carry over regardless?

The terms contractual and statutory do not have to be referred to in a contract.

Statutory means that in the event of nothing being mentioned then a statutory periodic tenancy arises (defined by law). If a periodic/monthly tenancy is mentioned in the contract then it becomes a contractual periodic tenancy (just defined by the fact it's mentioned in the contract)

Having said that the part I have bolded says that 'the notice required is set out below' suggesting it does refer to to what happens when it changes to a monthly agreement.

But the second bolded part 'ends no earlier...' seems to say that you would have to give two months notice if you wanted to end the fixed term which is 'rubbish'.

Suggest you speak to the agent/landlord and explain that the terms are not clear.

To be honest, only a court could decide what the clauses mean and whether they are unclear to the tenant.

So, be polite and say that you believed a month's notice was all that was required by law and had worked out your finances accordingly. Offer to be very helpful for viewings of future tenants and if the worse comes to the worse and a new tenant cannot be found within the month then offer to pay the second months' rent in instalments. In other words, stand your ground that this was an unclear term but be able to compromise if necessary.