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tinkerbel01
25-03-2010, 23:15 PM
My property is currently let to a company and the tenancy expires end of May. I need to sell the house but need to know what notice to serve on the company. Am I right in thinking that a letter stating I need the house back at the end of the tenancy will suffice?

Any advice appreciated. Many thanks

Preston
25-03-2010, 23:19 PM
My property is currently let to a company and the tenancy expires end of May. I need to sell the house but need to know what notice to serve on the company. Am I right in thinking that a letter stating I need the house back at the end of the tenancy will suffice?

Any advice appreciated. Many thanks

What does your agreement say about notice?

tinkerbel01
26-03-2010, 09:15 AM
(v) If the Tenant wishes to determine this agreement and gives to the Landlord not less than one months written notice of that wish to expire at the end of a rental payment period or by the Landlord giving the Tenant one months written notice of that wish to expire at the end of a rental payment period and up to the time of the determination the Tenant pays the rent due hereunder and performs and observes the terms of this Agreement then on expiry of the notice the Term is to cease and determine immediately but without prejudice to any rights or remedies that may have accrued


I am of the understanding that a Section 21 is the notice used for an AST? Therefore would it just be a letter to the company to serve notice?

Any advice is appreciated. Thank you

jeffrey
26-03-2010, 12:30 PM
As it's not an AST, s.21 does not apply- none of the 1988 Act does!
Simply serve a common-law Notice To Quit, compliant with all contents/requirements of the lease.

Lawcruncher
26-03-2010, 12:31 PM
You have quoted what is a break clause. The purpose of a break clause is to allow a party to bring forward the end of a fixed term.

Ignoring statutory intervention, when a fixed term comes to an end that is it and the tenancy ends without either party having to do anything. You have let residential property to a company and such a letting is not subject to statutory intervention so long as no business use is involved. Accordingly you do not actually need to do anything when the fixed term is up. (I am assuming here that we have a "straight" fixed term and not a fixed term to be followed by a periodic tenancy.) If the tenant holds over then what happens after that depends, but basically if rent is accepted then a periodic tenancy will arise. All this is of course quite separate from whether you can actually get possession without a court order.

As to the break clause it is enough to give you an attack of the vapours.

If the Tenant wishes to determine this agreement and gives to the Landlord not less than one months written notice of that wish to expire at the end of a rental payment period or by the Landlord giving the Tenant one months written notice of that wish to expire at the end of a rental payment period and up to the time of the determination the Tenant pays the rent due hereunder and performs and observes the terms of this Agreement then on expiry of the notice the Term is to cease and determine immediately but without prejudice to any rights or remedies that may have accrued

First, it seems that the tenancy can be ended (a) if the tenant wishes to end it and the tenant gives notice, or (b) if the tenant wishes to end it and the landlord gives notice. There does not seem to be a provision for the landlord to end it if he wishes to end it. Secondly, if the landlord does give notice the tenant can invalidate the notice by failing to pay the rent up to the date the notice expires.

jeffrey
26-03-2010, 12:37 PM
You have quoted what is a break clause. The purpose of a break clause is to allow a party to bring forward the end of a fixed term.

Ignoring statutory intervention, when a fixed term comes to an end that is it and the tenancy ends without either party having to do anything. You have let residential property to a company and such a letting is not subject to statutory intervention so long as no business use is involved. Accordingly you do not actually need to do anything when the fixed term is up. (I am assuming here that we have a "straight" fixed term and not a fixed term to be followed by a periodic tenancy.) If the tenant holds over then what happens after that depends, but basically if rent is accepted then a periodic tenancy will arise. All this is of course quite separate from whether you can actually get possession without a court order.

As to the break clause it is enough to give you an attack of the vapours.

If the Tenant wishes to determine this agreement and gives to the Landlord not less than one months written notice of that wish to expire at the end of a rental payment period or by the Landlord giving the Tenant one months written notice of that wish to expire at the end of a rental payment period and up to the time of the determination the Tenant pays the rent due hereunder and performs and observes the terms of this Agreement then on expiry of the notice the Term is to cease and determine immediately but without prejudice to any rights or remedies that may have accrued

First, it seems that the tenancy can be ended (a) if the tenant wishes to end it and the tenant gives notice, or (b) if the tenant wishes to end it and the landlord gives notice. There does not seem to be a provision for the landlord to end it if he wishes to end it. Secondly, if the landlord does give notice the tenant can invalidate the notice by failing to pay the rent up to the date the notice expires.
Could the words that I've underlined be a third option, paralleling the preceding wording? If so:
a. T can give Notice to L; or
b. L could give Notice to T.

[Plus who wants notice of a wish to expire? Death comes eventually to all of us- but rarely by written Notice!]

Lawcruncher
26-03-2010, 13:19 PM
Possibly since one assumes that was the intention. The clause starts to lose its way after the first "or" and you cannot get way from the fact that whoever serves the notice its efficacy depends on the tenant continuing to pay rent and observing its obligations.

tinkerbel01
26-03-2010, 14:45 PM
Thank you for that. I take your comments on board. my agreements are about 7 years old and probably not the best...

Perhaps, now it the time to look at updating both my AST and Non housing Act tenacy agreements with newer models

Can anyone recommend where I can get latest, plain english / easy to read (and I don't mean large letters!), water tight agreements (for both parties) which would include the optional break clauses / pet clauses etc....I know there are many out there but those of you in the know will know, hopefully.

Just want to make sure I'm doing it right!

Thanks again

jeffrey
01-04-2010, 14:02 PM
Best advice: have your solicitor draw-up one that:
a. meets your precise needs; and
b. you can thereafter use unaided.