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cash99
16-12-2011, 15:58 PM
Based on the clauses below, when does the fixed period of the tenancy end. In a commercial contract I would be confident that is after 6 months, not sure if there are any wrinkles with a tenancy agreement.

The Term

For a fixed period of 12 months from 1st August 2011 to 31st July 2012 (See Riders, section 34)

34 Riders

It is further agreed that either the Tenant or the Landlord may at their option end and
terminate the Tenancy at any time before the expiry of the term, but not earlier than 6
months from the commencement date on this Agreement, by giving the other, or their
Agents, 4 weeks notice in writing.

Thanks in advance

Yhanks

Lawcruncher
16-12-2011, 16:55 PM
If no notice is given, on 31st July 2012.

If notice is given, on expiry of the notice.

The position is the same whatever type of tenancy.

(Does the agreement really have a rider with at least 34 sections?)

cash99
16-12-2011, 19:06 PM
Thanks lawcruncher

So if I need to file a s21 notice to before 31/7/12 would this be on the basis that it is a fixed term

The agreement only has 1 rider, numbered 34.

Lawcruncher
16-12-2011, 20:06 PM
So if I need to file a s21 notice to before 31/7/12 would this be on the basis that it is a fixed term

Since the agreement requires four weeks' notice (and not at least four weeks' notice) the safest thing to do if you are the landlord is first to serve the break notice and then the next day serve your section 21(1) notice.


The agreement only has 1 rider, numbered 34.

?

cash99
16-12-2011, 21:27 PM
So if I am finally understanding this correctly

4 weeks notice ( from any date?) ending no earlier than 6 months from the start would terminate the tenancy. The tenant should leave on this date.

To ensure that a possession order can be obtained a s21(b)(served during fixed tenancy?) notice served at the same time would need to run for at least 2 months, but this needs to expire on the end of a rental period?

If tenant stays beyond the end of the 4 week notice period then a periodic tenancy is created and the tenant would need to give 1 months notice if they wanted to leave, prior to the expiry of the s21 notice.

Lawcruncher
16-12-2011, 21:46 PM
If you serve a break notice what it does is accelerate the end of the fixed term and no more. When the tenancy ends a statutory periodic tenancy will arise if the tenant remains in occupation. The tenant is no more obliged to leave if you serve a break notice than if you wait for the full term to expire.

If you serve a section 21 notice before the new end date it only needs to comply with section 21(1).

If the tenant stays after the new term date he will need to give a notice to quit if he wants to leave before you obtain a court order.