Question about renting clause

Arsenic

Hello,

I came across a clause in a potential renting agreement (rental property in Wales)

(ii)   The tenant may not serve upon the landlord two months notice at any stage from 1st October to 31st October in any calendar year.

This clause overrides clause 5 (ii) of this agreement.

What does that exactly mean? That the tenant can't end the agreement in October? Sounds quite fishy to me towards the tenant.

Cheers

bbat

What does clause 5 (ii) say. 

Maybe there is a random personal reason the landlord doesnt want to deal with a notice in October!

I dont know renting in wales so not sure if this is unusual or not.

biscan25

Well it can't override statute, e.g. a rental period + 1 day for a periodic tenancy.

canaldumidi

I doubt it is enforceable. Though in a Contractual Periodic Tenancy it may be.

No, it means can't serve 2 months notice in Oct to end the tenancy in Dec.

What does clause 5(ii) say?

Is this a periodic (weekly/monthly/quarterly) tenancy?

Or is it a fixed term, in which case what are the dates?

user1977

I presume the thinking is that the landlord doesn't want to be dealing with a tenant vacating during December. Strictly speaking, its wording wouldn't prohibit serving three months' notice in September...

No idea how enforceable it is though.

SpiderLegs

Presumably it’s to avoid the landlord having a void over christmas.

it is largely pointless unless the agreement rolls onto a CPT after the fixed term expires.

Countrysider

Probably that they want to avoid re-letting in December as they think it'll be trickier to get a tenant around the Christmas period. 

Don't believe it's a clause that would stand up to any legal scrutiny, but by adding it to the tenancy the LL is likely hoping it deters a tenant from doing this.  

canaldumidi

biscan25 said:

Well it can't override statute, e.g. a rental period + 1 day for a Statutory periodic tenancy (SPT).

Statute does not apply to a CPT (at least not so far as notice periods are concerned). See

Post 4: 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?

Arsenic

Thanks for the answers. 5(ii)

 

(i)  The tenancy shall commence on x.x.xxx  and shall be for a term of an initial 12 months less one day to xx.xx.xxxx

(ii)            The tenant may end the tenancy by giving the landlord not less than two months notice in writing after the expiration of the first 10 months of the term and notice not to be served before xx.xx.xxxx. This agreement shall take effect as an Assured Shorthold Tenancy under the provisions of the Housing Act 1988, as amended. The notice must be served on the corresponding date minus one day as featured as the start date of the tenancy agreement.

canaldumidi

Since the Term is fixed for 12 months, at the end of the 12 months the tenancy will end if the tenant leaves, whether notice is served or not.

And since 2 months notice can not be served before month 10, clause 5 (ii) is pointless and adds nothing.

Therefore the clause you originally quoted (which section/clause? What context?) can only apply after the initial 12 month fixed term has expired and if (and only if) a subsequent Contractual Periodic Tenancy arises.

So what does the tenancy say happens after the fixed term expires (if anything)? This determines whether a SPT or CPT arises.

Arsenic

The other clauses are:

(ii)            The landlord may end the tenancy by giving the tenant not less than two months notice in writing and not to be served before x.x.xxxx (10 month after start) This agreement shall take effect as an Assured Shorthold Tenancy under the provisions of the Housing Act 1988, as amended.

(iii)          The two months notice served by the tenant and landlord must be served on the corresponding date minus one day as featured as the start date of the tenancy agreement.

(iv)          The tenant is required to serve upon the landlord a two month notice in writing prior to the end of a fixed term agreement.

(v)            Once the fixed term has expired and a new agreement has not been signed by the tenant and landlord the tenant and landlord are required to serve a two month notice in writing on either party to terminate the agreement.