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magskate
13-02-2008, 11:02 AM
Tenant has signed AST dated 5th Nov 2007 for fixed term of 6 months. Rent is payable monthly and TA states that 'at least 1 months written notice needs to given to the landlord if the tenant wishes to end the tenancy at the expiaration of the term certain.'

I have recived a letter from the tenant dated 5th Feb 08 giving 1 months notice due to a change in family circumstances. I have tried to explain that she is bound to a minimum of 6 months, but she says she has spoken to a solicitor who has advised that she can give 4 weeks notice at any time during the tenancy.

Am I right to think that she is contracually obliged to pay rent for the full 6 months?

pcwilkins
13-02-2008, 11:04 AM
Am I right to think that she is contracually obliged to pay rent for the full 6 months?

Yes.

Peter

jeffrey
13-02-2008, 11:04 AM
You are right. T is wrong. Unless T has an explicit right to terminate during term, she cannot do so.

Colincbayley
13-02-2008, 11:06 AM
Not only are you right and your tenant wrong, but the tenants solicitor is also incorrect!!

jeffrey
13-02-2008, 11:14 AM
...but the tenant's solicitor is also incorrect!!
...except that T probably never consulted anyone and, instead, made up a pack of porkies so as to scare L.

Colincbayley
13-02-2008, 11:17 AM
...except that T probably never consulted anyone and, instead, made up a pack of porkies so as to scare L.

Probably!!

johnboy
13-02-2008, 15:55 PM
At least you have had a few months out of them. I have just let a flat out for 6 months the tenant paid all fee's and deposits and 2 weeks in says he wants out wont give a reason and has taken all his stuff out. He wanted to hand the keys back but i wouldnt accept them and told him he was responsable from the full term if i cant get a replacement.

The joys of renting

PaulF
13-02-2008, 17:34 PM
Tenant has signed AST dated 5th Nov 2007 for fixed term of 6 months. Rent is payable monthly and TA states that 'at least 1 months written notice needs to be given to the landlord if the tenant wishes to end the tenancy at the expiration of the term certain.'

This question is asked so often and it's the same old story. Oh! And as those "in the know" will always tell you the above conditions concerning required Notice by a tenant to end the fixed term is unlawful therefore unenforceable, and how many times do we have to say it? - A TENANT DOESN'T NEED TO GIVEN ANY NOTICE TO END THE FIXED TERM

jghomer
14-02-2008, 09:50 AM
You're right. They don't need to give notice to end tenancy at the end of the fixed term, but it's a damned annoying rule when the L has to give the T 2 months notice to do the same!

So i put the clause in anyway like the OP has, and everyone sticks to it :-)

Incidentally, i've had the CAB onto me about tenants leaving before the contract ends. They said a L can only charge rent to the end of the term if EVERY effort has been made to re-market the propertry during the empty period.

Colincbayley
14-02-2008, 09:52 AM
The way it should work if a tenant wants to leave early, is the LL should allow it, but the tenant continues to pay the rent until such as time as a new tenant has signed an AST.
The LL should make every effort to re-let the property and the outgoing tenant should pay all fair marketing costs.

jghomer
14-02-2008, 09:55 AM
That's exactly what i do. It's as fair as we can be.

Many tenants leave early because they can't afford it. And i'd rather they leave than bury their head in the sand and not pay at all :-)