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SPT two months notice in tenancy agreement

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Comments

  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Where the tenancy is defined, usually near the beginning, does it say fixed term for x months OR does it says fixed term for x months and thereafter month to month. Or something similar. Can you post that bit? If it's defined as just the fixed term then that should be it and you will go onto a statutory periodic tenancy afterwards.
  • ...for a term certain of one year and one week commencing on Monday 24th of JUne 2013 and terminating on and including Monday 30th of June 2014 at the rent of £xxx per calendar month and on the Special and General terms and conditions set out on the following pages of this Agreement

    1.2 , 1.2.1 and 1.2.2 are under Special terms and conditions
  • mrginge
    mrginge Posts: 4,843 Forumite
    In this scenario, that reads to me like a clear fixed term, which by definition has an end date and does not move on to a contractual periodic basis. 1.2.2 would therefore act to limit the statutory rights under an SPT which is of course not enforceable.

    ...and i am a high court judge so I know my stuff guv'nor*

    * not really.
  • Perhaps try talking to the Landlord, explain the situation and ask to give notice to quit on x date whether it be two full months, 6 weeks etc.
    I guess it depends on what kind of relationship you've had with them and their ability to get someone new into the property. I let a previous tenant out of a lease early as I was able to get someone else in.
  • thanks all, yes definitely will go down the chat route of course just wanted to clarify first what the opinions out there are on this,
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    ...for a term certain of one year and one week commencing on Monday 24th of JUne 2013 and terminating on and including Monday 30th of June 2014 at the rent of £xxx per calendar month and on the Special and General terms and conditions set out on the following pages of this Agreement

    1.2 , 1.2.1 and 1.2.2 are under Special terms and conditions
    Looks clear enough to me it terminates. So in the absence of any other tenancy arising you're on a SPT. If the LL argues that the notice terms still apply quote them this:

    http://www.legislation.gov.uk/ukpga/1988/50/section/5

    Housing Act 1988

    5 Security of tenure.

    ....

    (3)The periodic tenancy referred to in subsection (2) above is one—

    ....

    (e)under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.
  • thanks all for the answers.

    another issue that springs to mind:

    if the landlord disagrees with me and say two months notice is required would he be able to hold on the deposit while the dispute is being resolved? and potentially take money for the extra month?
  • mrginge
    mrginge Posts: 4,843 Forumite
    thanks all for the answers.

    another issue that springs to mind:

    if the landlord disagrees with me and say two months notice is required would he be able to hold on the deposit while the dispute is being resolved? and potentially take money for the extra month?

    He would be able to make a claim against your deposit, which you would defend as explained.
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    edited 27 February 2016 pm29 7:11PM
    if the landlord disagrees with me and say two months notice is required would he be able to hold on the deposit while the dispute is being resolved? and potentially take money for the extra month?
    Your deposit should have been protected and the prescribed information given to you. That information will explain what happens if there is a dispute. Suggest you check your deposit is in the scheme via their website or phoning them and then make sure you've read up on how to claim your deposit back and deal with any dispute. You will probably have to submit written evidence online, in which case you submit the above reasoning and quotes from legalisation. So yes any dispute over notice could well delay your deposit return as could any other matter that the landlord raises. Things like accusing you of ripping the lino or leaving the property dirtier than it was on check-in. As routine I'd cover my back by collecting good evidence of the state at both check-in and check-out and by having the inventory to hand.
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