PDA

View Full Version : Difficult tennants (but they could be right)



co004
03-05-2007, 13:01 PM
I've had tennants in a property since Jan 06. They signed a year contract with a two month notice get out clause as it was agreed that the rent would increase after 6 months.

They agreed an increase in rent when the renewal was agreed in December for this year. The new contract was sent to them in Feburary but they have never signed and returned it as they still wanted to have the two month get out clause. They've only requested this over the phone and I've never really given them an answer. Now they have sent in writing that as no contract has been agreed that they wish to give one months notice and will leave in June.

Where do I stand with this?

jeffrey
03-05-2007, 13:10 PM
I've had tennants in a property since Jan 06. They signed a year contract with a two month notice get out clause as it was agreed that the rent would increase after 6 months.

They agreed an increase in rent when the renewal was agreed in December for this year. The new contract was sent to them in Feburary but they have never signed and returned it as they still wanted to have the two month get out clause. They've only requested this over the phone and I've never really given them an answer. Now they have sent in writing that as no contract has been agreed that they wish to give one months notice and will leave in June.

Where do I stand with this?

If tenancy began in January 2006, its fixed term expired in January 2007.
Thereafter, T has a monthly periodic tenancy. There IS a contract- just not for a fixed term.
T can therefore terminate at a month end, on one month notice to you.

co004
03-05-2007, 13:14 PM
Thanks Jeffrey,

I mis-worded a bit though. They have had a new 12 month contract sent to them this year but have not signed it because they wanted to have the 2 month get out clause that they had last year. Because they haven't signed it are they still just under a month to month rolling contract?

jeffrey
03-05-2007, 13:18 PM
Thanks Jeffrey,

I mis-worded a bit though. They have had a new 12 month contract sent to them this year but have not signed it because they wanted to have the 2 month get out clause that they had last year. Because they haven't signed it are they still just under a month to month rolling contract?

(10wordmin) Yes.

co004
03-05-2007, 13:50 PM
Cheers for the advice, but...


(10wordmin)

What's that?

jeffrey
03-05-2007, 13:55 PM
Just that one cannot post "Yes" as an answer. There is a ten-word minimum!

co004
03-05-2007, 14:03 PM
Oh right, makes sense. Just never seen that before.

One more thing. The tennant issued the one months notice today. They pay rent on the 1st of the month. Can I make them stay until the 1st of July? Or can they just pay me the extra couple of days rent and leave on the 3rd of June?

Esio Trot
03-05-2007, 14:50 PM
Protection from Eviction Act 1977:

5. Validity of notices to quit.
— (1) no notice by a landlord or a tenant to quit any premises let (whether before or after the commencement of this Act) as a dwelling shall be valid unless—

(a) it is in writing and contains such information as may be prescribed, and
(b) it is given not less than 4 weeks before the date on which it is to take effect.


Is is much easier to post when EXACT dates are given. What date EXACTLY did they take the tenancy in January 2006?

In the Cadwallader case in 2000, the judge ruled that notice had to run to the end of each rent period.

Thus, if the start date was 1st, then the end date for each period is the last day of the previous month. Take four weeks from 31 May, gives 3rd May. Thus if they gave notice in writing they are in time for leaving at the end of May.

If they stay on into June, they have not vacated and so another rent period of one month starts. You may choose to release them or modify charging another full months rent, but that is down to your magnanimity not law.

Tweedle Dum
03-05-2007, 20:11 PM
4 weeks notice will not apply if the rent is paid pcm. If they wish to leave then the notice they have issued you with will expire on 30th June not 31st May.

Esio Trot
04-05-2007, 09:18 AM
4 weeks notice will not apply if the rent is paid pcm. If they wish to leave then the notice they have issued you with will expire on 30th June not 31st May.

As you state "if" the contract provides for the rent to be paid monthly, then monthly notice may well apply. The following link at Charles Russell (http://www.cr-law.co.uk/articles/viewarticle.asp?articleid=1622) discusses case law over recent years.

If there was no acceptable notice given, then it is 4 weeks from the end of the current tenancy period.