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Thyrsis
11-04-2008, 11:08 AM
Is this a usual clause? I thought the 12 month term set out in a tenancy agreement was binding? This sounds to me as though the tenant could leave after 6 months!

'During the Term this Agreement may be terminated by the Tenant upon serving two calendar months’ notice in writing not to be served before 30th of December 2008.' (ie 6 months into the tenancy)

housed
11-04-2008, 11:53 AM
Many 12 month agreements have a break clause such as what you have described below. It can be rather confusing for tenants who think they have entered into a 12 month agreement and that they won't have to leave (presuming they've not broken any terms of the tenancy) for 12 months.

jeffrey
11-04-2008, 11:55 AM
Many 12 month agreements have a break clause such as what you have described below. It can be rather confusing for tenants who think they have entered into a 12 month agreement and that they won't have to leave (presuming they've not broken any terms of the tenancy) for 12 months.

But this is a tenant-only break clause. T won't have to leave during the twelve months, unless T serves the Notice after 30 December.

Thyrsis
11-04-2008, 12:01 PM
Sorry for the confusion! I am the landlord. I am letting to a tenant whose employer has a tenancy agreement they want me to use. I'm not happy about a clause which would allow the tenant to leave after 6 months, can I just ask them to remove the clause?

jeffrey
11-04-2008, 12:04 PM
Sorry for the confusion! I am the landlord. I am letting to a tenant whose employer has a tenancy agreement they want me to use. I'm not happy about a clause which would allow the tenant to leave after 6 months, can I just ask them to remove the clause?

Yes. You are L; you draw the Agreement; you call the shots. Why not tell them that they must use your AST Agreement?

P.Pilcher
11-04-2008, 12:07 PM
The clause indicates that the tenant can leave after six months if he wishes, but the landlord cannot remove him underthe section 21 route for 12 months. I would certainly be inclined to delete the clause and grant an AST for a period of 6 months only. After that, you can either renew the lease or let the old one continue on a statutory periodic basis. Make sure the lease is with the tenant, not the company as AST's cannot be used with company lets.

P.P.

Thyrsis
11-04-2008, 13:07 PM
Make sure the lease is with the tenant, not the company as AST's cannot be used with company lets.
P.P.
I'm even more confused now as I've found, when asking a different question, that the rent is too high for an AST.
What sort of tenancy agreement do I need?
(as you might have guessed this is my first time!)

jeffrey
11-04-2008, 13:15 PM
I'm even more confused now as I've found, when asking a different question, that the rent is too high for an AST.
What sort of tenancy agreement do I need?
(as you might have guessed this is my first time!)

Use same format as AST, if you like. It cannot be an AST, by operation of law.
Simply delete any clause referring to s.21 and the fact that the Agreement creates an AST.

housed
11-04-2008, 13:17 PM
hrm yup was an odd one I had read it as the landlord giving two months not the tenant.