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  • FIRST POST
    • andrewjb3
    • By andrewjb3 12th Apr 18, 8:33 PM
    • 32Posts
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    andrewjb3
    CPT notice period less than 2 months?
    • #1
    • 12th Apr 18, 8:33 PM
    CPT notice period less than 2 months? 12th Apr 18 at 8:33 PM
    Assuming a monthly rental period, a SPT would have a 2 month (landlord) or 1 month (tenant, ending on period date) notice period.

    Can a CPT reduce that on either or both sides, or is the 2month landlord notice, for example, the minimum that can be required?
Page 1
    • Slithery
    • By Slithery 12th Apr 18, 8:45 PM
    • 666 Posts
    • 1,030 Thanks
    Slithery
    • #2
    • 12th Apr 18, 8:45 PM
    • #2
    • 12th Apr 18, 8:45 PM
    I believe that a CPT can have whatever clauses it wants regarding notice periods.
    • Pixie5740
    • By Pixie5740 12th Apr 18, 8:50 PM
    • 11,930 Posts
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    Pixie5740
    • #3
    • 12th Apr 18, 8:50 PM
    • #3
    • 12th Apr 18, 8:50 PM
    A tenancy agreement cannot be written that gives tenants less than their statutory rights. Well it can be written but it wouldn't be legal.
    • G_M
    • By G_M 12th Apr 18, 10:18 PM
    • 43,838 Posts
    • 51,818 Thanks
    G_M
    • #4
    • 12th Apr 18, 10:18 PM
    • #4
    • 12th Apr 18, 10:18 PM
    Assuming a monthly rental period, a SPT would have a 2 calender month (landlord) or 1 month (tenant, ending on period date) notice period.
    just to clarify

    Can a CPT reduce that on either or both sides, or is the 2month landlord notice, for example, the minimum that can be required?
    Originally posted by andrewjb3
    Yes, a CPT can reduce the notice period on both sides.

    However, since the LL still has to gain a court possession order (the LL's notice itself does not end the tenancy), and that possession order must be preceeded by service of a S21 Notice, the practical result is that 2 months is required before possession can be claimed by the LL.

    Note also that if the tenancy was a CPT from the start, the S21 must align with the tenancy periods.

    If the tenancy was initially for a fixed term and subsequently became a CPT, then 2 calender months is permissable.
    • andrewjb3
    • By andrewjb3 12th Apr 18, 10:53 PM
    • 32 Posts
    • 25 Thanks
    andrewjb3
    • #5
    • 12th Apr 18, 10:53 PM
    • #5
    • 12th Apr 18, 10:53 PM
    Is it always the case that the landlord will need to issue an S21 (and then court + bailiff for possession) to end the tenancy i.e. in the case of break clause, end of fixed term, during periodic? A break clause, for example, couldn't simply say that a letter is required or anything of that sort.

    [Ignoring S8 here, or the one about moving back into a house you previously owned, whereI can't remember the section number..]
    • Pixie5740
    • By Pixie5740 13th Apr 18, 5:58 AM
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    Pixie5740
    • #6
    • 13th Apr 18, 5:58 AM
    • #6
    • 13th Apr 18, 5:58 AM
    Is it always the case that the landlord will need to issue an S21 (and then court + bailiff for possession) to end the tenancy i.e. in the case of break clause, end of fixed term, during periodic? A break clause, for example, couldn't simply say that a letter is required or anything of that sort.

    [Ignoring S8 here, or the one about moving back into a house you previously owned, whereI can't remember the section number..]
    Originally posted by andrewjb3
    No. As said previously the tenancy agreement can't take away the statutory rights of tenants.

    Legally a tenancy can only be ended by the tenant or a court so a letter from the landlord won't cut it.

    Going by your previous threads you appear to be or have been a landlord yourself so you really ought to know these things already.
    • andrewjb3
    • By andrewjb3 13th Apr 18, 10:42 AM
    • 32 Posts
    • 25 Thanks
    andrewjb3
    • #7
    • 13th Apr 18, 10:42 AM
    • #7
    • 13th Apr 18, 10:42 AM
    Thanks.

    I wasn't sure about the notice in a CPT.

    I was pretty sure that an S21 was always required, but have never actually seen that definitively stated for all cases, so just wanted to check there wasn't an alternative that I wasn't aware of.

    When a landlord gives a friend '7 days notice to move out because he's selling', my first reaction was obviously that it was garbage, but it always sows a bit of doubt when someone's so assertive...
    • Pixie5740
    • By Pixie5740 13th Apr 18, 11:07 AM
    • 11,930 Posts
    • 16,799 Thanks
    Pixie5740
    • #8
    • 13th Apr 18, 11:07 AM
    • #8
    • 13th Apr 18, 11:07 AM
    Your initial reaction was right.
    • G_M
    • By G_M 13th Apr 18, 2:22 PM
    • 43,838 Posts
    • 51,818 Thanks
    G_M
    • #9
    • 13th Apr 18, 2:22 PM
    • #9
    • 13th Apr 18, 2:22 PM
    Thanks.

    I wasn't sure about the notice in a CPT.

    I was pretty sure that an S21 was always required, but have never actually seen that definitively stated for all cases, so just wanted to check there wasn't an alternative that I wasn't aware of.

    When a landlord gives a friend '7 days notice to move out because he's selling', my first reaction was obviously that it was garbage, but it always sows a bit of doubt when someone's so assertive...
    Originally posted by andrewjb3
    1) You have read the Housing Act 1988 , yes? It's in there!

    2) if the LL and his friend/tenant agree, then of course the tenancy can be ended at any time. But from a legal point of view, it is the tenant who ended the tenancy, not the LL. The tenant requests an 'Early Surrender' and the LL agrees.
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