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View Full Version : Terminating AST periodic tenancy- notice periods?



basement
29-03-2008, 15:59 PM
my tenants were on a 12 month fixed contract which had a notice period by either party of two months.

they didn't sign a new fixed term contract, so their continuing occupancy turned into a periodic contract, running every two months (which i confirmed in writing to them when i also highlighted that the original two months notice by either party as per the original contract still stood).

they pay their rent monthly.

i gave them in excess of two months notice to exit the property in line with the date of the two month contract.

they requested to be released prior to that - i refused.

they then gave me a months notice to exit.

i gave them two months notice and they served a counter notice of only one month?!

can they do this?

TenantsLuvMe
29-03-2008, 16:04 PM
my tenants were on a 12 month fixed contract which had a notice period by either party of two months.

they didn't sign a new fixed term contract, so their continuing occupancy turned into a periodic contract, running every two months (which i confirmed in writing to them when i also highlighted that the original two months notice by either party as per the original contract still stood).

they pay their rent monthly.

i gave them in excess of two months notice to exit the property in line with the date of the two month contract.

they requested to be released prior to that - i refused.

they then gave me a months notice to exit.

i gave them two months notice and they served a counter notice of only one month?!

can they do this?


I doubt that you could enforce two months notice when the tenancy goes periodic, as they pay rent monthly. The tenant's 1 month notice appears valid from what you have said.

PaulF
29-03-2008, 16:10 PM
I've posted lots on this recently within the last 2/3 weeks. As soon as you serve Notice on tenants they can move any time after the fixed term has expired without any liability to rent thereafter. As the tenancy is now periodic then they can go today if they want to. You must return any rent overpaid if that is the case.

As a separate matter, you cannot impose 2 months on your tenants into giving you notice as their statutory rights are that they only have to serve one. Also you can't alter a rental period i.e. one month just as you please.

Tenants do not have to serve counter-notices they can just move. You should tell your tenants that as YOU have served Notice on them they can move anytime they like. You are constrained be law into having to serve a 2 months minimum period but that doesn't mean your tenants have to stay there until is expires.

bagpuss
30-03-2008, 18:46 PM
This is only fair if you think about it from the tenant's point of view. I'd say that your original agreement stipulating that they had to give you two months notice was unenforcable in the first place.

Once you serve notice outside of the fixed term, they know that you want them out and they have 2 months to find a new home. They do as you ask and find another place for which they may have to sign up immediately.

It's not really fair or reasonable for you to expect them to then have to hang around living in your place and/or paying rent for the next 2 months or until it suits you to have them leave.

PaulF
30-03-2008, 23:05 PM
It's absolutely nothing to do with being fair - it's the lawful right of the tenant.