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SPT two months notice in tenancy agreement
Comments
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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.0
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...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 conditions0 -
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.0 -
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.0 -
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,0
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donfanatico wrote: »...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
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.0 -
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?0 -
donfanatico wrote: »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.0 -
donfanatico wrote: »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?0
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