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hchawner
31-10-2009, 00:11 AM
Hello,

I am a Landlord with an property that we rent to a Tenant. We use a Letting Agent who provided an Assured Shorthold Tenancy Agreement for a period of six months.

In the agreement there is a clause:

"If the tenant does not want to remain in the property after the end of the term certain then two months notice in writing should be given to the Landlord or Agent on or before the four month anniversary"

The end of the six month term is a month away, and the tenant has just given (one months) notice that they wish to leave at the end of the six month term.

This breaks the agreement clause outlined above, because they are not giving two months notice.

Do I have any recourse against the tenant for breaking the terms of the agreement?

Thanks

Snorkerz
31-10-2009, 01:20 AM
In the agreement there is a clause:

"If the tenant does not want to remain in the property after the end of the term certain then two months notice in writing should be given to the Landlord or Agent on or before the four month anniversary"
<snip>
Do I have any recourse against the tenant for breaking the terms of the agreement?

I suspect not as the legislation says they don't have to give any notice at the end of a fixed term which, if I am correct, means your Tenancy Agreement clause would be unenforceable.

jta
31-10-2009, 02:19 AM
Hello,

I am a Landlord with an property that we rent to a Tenant. We use a Letting Agent who provided an Assured Shorthold Tenancy Agreement for a period of six months.
In the agreement there is a clause:
"If the tenant does not want to remain in the property after the end of the term certain then two months notice in writing should be given to the Landlord or Agent on or before the four month anniversary"
The end of the six month term is a month away, and the tenant has just given (one months) notice that they wish to leave at the end of the six month term.
Thanks

If the tenants signed a six month agreement, they are able to leave at the end of it without further notice, if they go over it by a day they would then be in a 'Statutory periodic tenancy', where they would have to give you one month's notice, you would have to give them two months.

hchawner
31-10-2009, 09:37 AM
Thank you for your replies. It does therefore seem that the notice clause in the contract is meaningless and should therefore not be included. I will take this up with the letting agent.

PaulF
31-10-2009, 12:01 PM
Another letting agent that needs some urgent training!

mind the gap
31-10-2009, 12:08 PM
Another letting agent that needs some urgent training!

And where could he possibly get that from, I wonder? :rolleyes:

P.Pilcher
31-10-2009, 12:31 PM
I suspect that this is an example of an agent who has "made it all up" and considers that he therefore knows it all thus Paul f or a colleague will not be receiving a well earned fee. When I was flying aeroplanes for a living or teaching it, I always used to say that the day you stop learning about the subject is the day you give up - or the day you aught to. I have found that precisely the same applies to landlording and property management. The agents I use have learned about the subject from my experiences and I have learned much, much more from them. The same applies to this board where I have learned and learned!

P.P.

jeffrey
01-11-2009, 22:08 PM
the four month anniversary
Eh? What's a four month anniversary?

PaulF
02-11-2009, 11:14 AM
And where could he possibly get that from, I wonder? :rolleyes:Lots of places if he only looks!