AST fixed-term notice period

[cjm]

Hi everyone,

I can see this subject has come up before and I can also see that in the message below Paul_f refers to having previously answered the question, but I've searched and searched on all kinds of different terms and and can't locate the answer - sorry!

http://www.landlordzone.co.uk/forums/showthread.php?t=142

I am on my sixth consecutive 6-month fixed term AST with my landlord. It is due to expire on 27 July 2005. However I am thinking about purchasing my own property before the expiry date and wanted to see what the situation would be should we wish to end our tenancy before that date.

The only things I can find relating to notice within the AST agreement are as follows:

"The security deposit will be forfeited if the tenants vacate prior to the expiry date of this agreement"

then later on it says

"This agreement may be determined by the landlord or the tenants at any time of the term hereby granted giving the tenants or Landlord not less than one month's written notice during the tenancy agreement.

"So that in such case written notice may be given by either the landlord or the tenants during the six months of this tenancy hereby granted. One month's notice would be required for this."

My questions are:
1. Do these clauses mean we can give our landlord one month's notice at any time during this AST?
2. If we did, would we lose our deposit, or is that only if we vacate without giving required notice?

Any advice very much appreciated.

CM

[zoe]

I am sure paul f will have lots of things to say but in a nutshell.

If you are within a fixed term you are not able to give notice. In affect you have agreed to stay for the full 6 months.

The LL cannot withhold your deposit if you leave early. He can charge you for any losses he inccurs, forexample lost rent, cost of re-letting. This amount may be more or less than the total of your deposit.

You do not have to sign a new fixed term AST. When your next one runs out, don't sign and go on a periodic (month by month). Your LL will have to give you 2 months notice if he does not like this.

Zoe

[Paul_f]

Plenty to say about this as Zoe says..........but she should think through the tenant's rights that have been created by the landlord!

The poster said the AST states:-

"This agreement may be determined by the landlord or the tenants at any time of the term hereby granted giving the tenants or Landlord not less than one month's written notice during the tenancy agreement.

"So that in such case written notice may be given by either the landlord or the tenants during the six months of this tenancy hereby granted. One month's notice would be required for this."

Zoe has said that the tenant is bound by the fixed term but this is not so. The break clause has allowed the tenant early determination so you could give one month's notice to end even during the middle of a rent month. What the landlord probably doesn't realise is the break clause cannot be binding on the tenant if the landlord should try to serve them with a month's notice as the tenant is entitled to the fixed term. To allow the tenant early determination is up to the landlord, but to impose a break clause to make the tenant to leave early is an unfair term so is unenforceable.

The landlord has been very lax here and might rue the day he wrote such a clause into the agreement.

So to answer the poster's questions they are:-


Yes
No, but you must give the required notice.

[zoe]

Paul F

That is very funny, providing a break clause AND threatening to keep the deposit should they use it !!!


Zoe

[cjm]

Thank you very much to both of you! You have set things much straighter for me.

Ta,

cjm