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Brixtonia
08-12-2011, 14:09 PM
Original AST for 12 months fixed term "After this period the agreement will automatically carry on from month to month as a monthly contractual tenancy until notice to end the tenancy has been given by either party. Notice to end the agreement by either party must be given at least two months in advance and the tenancy must expire on the last day of the month."
Rent is payable monthly.

Tenancy is now 30 months old. What is the correct procedure for rent increases? S.13? One or two months notice?

MrJohnnyB
08-12-2011, 14:36 PM
I do not believe that your contract actually makes any sense to be honest. I am not sure that the 2 months notice by Tenant to Landlord is actually enforceable. I would approach as a normal SPT. Section 13 requires the notice to be the same as the contractual periods - as rent is paid monthly, I would suggest it would be monthly.

Brixtonia
08-12-2011, 15:28 PM
I do not believe that your contract actually makes any sense to be honest. I am not sure that the 2 months notice by Tenant to Landlord is actually enforceable. I would approach as a normal SPT. Section 13 requires the notice to be the same as the contractual periods - as rent is paid monthly, I would suggest it would be monthly.
Agree it is a particularly clumsy wording and bears no resemblance to my other contracts! I am minded to disagree that the two months notice period is unenforceable. Is it not that the one month T / two month L notice applies only to an SPT and an SPT only arises where there is no contractual tenancy?

MrJohnnyB
08-12-2011, 16:34 PM
Agree it is a particularly clumsy wording and bears no resemblance to my other contracts! I am minded to disagree that the two months notice period is unenforceable. Is it not that the one month T / two month L notice applies only to an SPT and an SPT only arises where there is no contractual tenancy?

I am not sure that the wording would satisfy the courts. It is important to remember that any lease must be for a term certain thus to create a contractual tenancy requires quite speicific wording regarding termination etc.

In any event the requirements of Section 13 do not only relate to SPT thus should suffice in your case. The key element is not the notice required, more the periodic lengths.