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Faye
24-03-2009, 13:45 PM
If a tenant has handed their notice in and gave one month which is on the tenancy agreement, can a landlord not accept this date? :confused:

Poppy
24-03-2009, 13:57 PM
Bit more information required before the members can offer suggestions:

Is this an assured shorthold tenancy? If so,

What is the commencement date?
What is the end date or length of the fixed term?

jeffrey
24-03-2009, 13:59 PM
If a tenant has handed their notice in and gave one month which is on the tenancy agreement, can a landlord not accept this date?
If you mean that T wants to leave on the date when a fixed term tenancy expires, no Notice at all is necessary- so L has no say in the matter.

Faye
24-03-2009, 14:17 PM
the T has handed a months notice in dated which the end date is 8th of april her tenancey expires in July 09 this is only a 6 month short term tenancy

thanks

Poppy
24-03-2009, 14:24 PM
The short answer is no. The tenant has signed an agreement until July 2009.

Is there any kind of break clause written into the tenancy agreement? I'd be surprised for a six month tenancy.

Are you the tenant?

Paul Gibbs
24-03-2009, 14:42 PM
From what you have posted so far it sounds like T cannot serve a valid notice to quit as it cannot expire before the end of the fixed term.

If T wants to leave on the day the tenancy expires in July 09 then no notice is required. (As Jeffrey said)

If T stays on after the end of the fixed term in July then a periodic tenancy arises and a 1 month notice needs to be served. T can then leave on the date in that notice and LL could not complain.

T can leave during the fixed term, but only if LL and T agree on the terms upon which T will surrender the tenancy. If this is going to happen I suggest getting a deed drawn up to clearly cover both sides.

Faye
24-03-2009, 15:01 PM
No i am not the tenant i am the agent and a very confused one at that!!:p

Thanks for your help anyway. So the tenant cant leave as she still has 4 months of her tenancy.

I just want to get my facts straight before i talk to the LL.

So she cant even leave if she has posted a months notice in writing?

jeffrey
24-03-2009, 15:09 PM
So she cant even leave if she has posted a months notice in writing?
No, she can't.

Borat
24-03-2009, 15:36 PM
If a tenant has handed their notice in and gave one month which is on the tenancy agreement, can a landlord not accept this date? :confused:

The bit in bold concerns me... unless i've misunderstood it.

Usually the tenant cannot terminate a fixed term assured or assured shorthold tenancy agreement before the end of the term unless:-

1- The tenant is able to persuade the landlord to agree to it; or

2-the agreement allows this

If the 1 month notice is written into the agreement then the tenant surely can terminate??

jeffrey
24-03-2009, 15:44 PM
The bit in bold concerns me... unless i've misunderstood it.

Usually the tenant cannot terminate a fixed term assured or assured shorthold tenancy agreement before the end of the term unless:-

1- The tenant is able to persuade the landlord to agree to it; or

2-the agreement allows this

If the 1 month notice is written into the agreement then the tenant surely can terminate??
It depends on whether the 'one month' bit is:
a. general (i.e. that T must give one month's Notice no matter whether T terminates tenancy at fixed-term expiry or thereafter); or
b. specific (i.e. that T can terminate the tenancy at any time whether during the fixed term or thereafter [or- alternative possibility- at a stipulated time] by using an explicit break clause and serving a one-month Notice).

Borat
24-03-2009, 15:53 PM
It depends on whether the 'one month' bit is:
a. general (i.e. that T must give one month's Notice no matter whether T terminates tenancy at fixed-term expiry or thereafter); or
b. specific (i.e. that T can terminate the tenancy at any time whether during the fixed term or thereafter [or- alternative possibility- at a stipulated time] by using an explicit break clause and serving a one-month Notice).

Agree completely. Just concerned me that OP mentioned this in their first post as if it was possibly the point everyone was not in agreement on!