Question about renting clause

Soot2006

Looks like a homemade contract by someone who doesn't like statutory rights ...

canaldumidi

Arsenic said:

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.

So following the fixed term, a CPT arises (clause 5 (v). Notice is therefore as agreed within the contract once the fixed term has ended.

the clause you originally quoted (which section/clause? What context?)

???

It helps greatly to quote full references, incuding clause numbers as well as sub-clauses.

Arsenic

canaldumidi said:

Arsenic said:

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.

So following the fixed term, a CPT arises (clause 5 (v). Notice is therefore as agreed within the contract once the fixed term has ended.

the clause you originally quoted (which section/clause? What context?)

???

It helps greatly to quote full references, incuding clause numbers as well as sub-clauses.

So what does that means with regards to that October clause?

canaldumidi

Arsenic said:

canaldumidi said:

Arsenic said:

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.

So following the fixed term, a CPT arises (clause 5 (v). Notice is therefore as agreed within the contract once the fixed term has ended.

the clause you originally quoted (which section/clause? What context?)

???

It helps greatly to quote full references, incuding clause numbers as well as sub-clauses.

So what does that means with regards to that October clause?

As explained, it means

a) during the fixed term is has no meaning or relevance (as notice is not required to end the fixed term. That's what 'fixed' means - the tenancy ends when the fixed date arrives).

b) during the subsequent Contractual Periodic Tenancy, the tenant can serve 2 months notice at any time except in October, as that is what the tenant and landlord have contractually agreed.

(though I'd still like to know- and reserve judgement - where the initial clause originates and whether there are for example other related sub clauses etc)

Arsenic

Thanks for the explanation. I'm still not convinced that this clause has legal ground.

canaldumidi

That of course is your prerogative. I am, after all, just a fallible stranger on the internet.

However if you are going to reach what you believe is a legal conclusion, I trust you have a legal basis for that conclusion,

and I'd certainly be interested to hear it.

I'm aways happy to be corrected when shown to be wrong.

Arsenic

I did say I'm not convinced not that I made a conclusion.

grumiofoundation

canaldumidi said:

That of course is your prerogative. I am, after all, just a fallible stranger on the internet.

However if you are going to reach what you believe is a legal conclusion, I trust you have a legal basis for that conclusion,

and I'd certainly be interested to hear it.

I'm aways happy to be corrected when shown to be wrong.

Based on the clauses shown could it not be argued (if it ever got to that, which is probably very unlikely) that the clause is unfair since it only applies to the tenant, not to the landlord and is therefore not a binding term?
I.e. the tenant who wishes to give notice in october practically has to give 3 months notice, but landlord only 2?

(Not an expert on tenancy not contract law so also very happy to be told I am wrong!). 

https://england.shelter.org.uk/professional_resources/legal/housing_options/private_renting/unfair_terms_and_implied_conditions_in_tenancy_agreements#reference-7 (assuming same applies in wales)

• the fairness requirement is extended to notices – any form of notification, including verbal announcements, that relate to the relationship between the landlord and tenant, or attempt to limit the liability of the landlord.

canaldumidi

grumiofoundation said:

canaldumidi said:

That of course is your prerogative. I am, after all, just a fallible stranger on the internet.

However if you are going to reach what you believe is a legal conclusion, I trust you have a legal basis for that conclusion,

and I'd certainly be interested to hear it.

I'm aways happy to be corrected when shown to be wrong.

Based on the clauses shown could it not be argued (if it ever got to that, which is probably very unlikely) that the clause is unfair since it only applies to the tenant, not to the landlord and is therefore not a binding term?

It's a good point.

user1977

And like I said above, seems rather pointless as all it stops the tenant doing is giving two months' notice in October. If they were playing safe they'd give a bit more than two months' notice anyway. Doesn't actually prevent the tenancy ending in December.