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Oct, 2014

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  1. #1

    Default Fixed term then periodic- what Notice period required?

    I have a question on tenancy agreement. By law if the tenancy is fixed-term (e.g., 6 months fixed followed by flexible time) the landlord needs to give the tenant two months' notice to end the agreement. But in my case, I have the written agreement with the tenant that either of us can end the tenancy as long as one month's notice is given. Both of us signed the agreement.

    Does this mean that mutual agreement between two parties won't come into effect if it is conflicted with the law? If this is true, why should I draft the agreement? I just need a standard copy of the tenancy agreement.

  2. #2
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    Quote Originally Posted by dothebest8 View Post
    I have a question on tenancy agreement. By law if the tenancy is fixed-term (e.g., 6 months fixed followed by flexible time) the landlord needs to give the tenant two months' notice to end the agreement. But in my case, I have the written agreement with the tenant that either of us can end the tenancy as long as one month's notice is given. Both of us signed the agreement.

    Does this mean that mutual agreement between two parties won't come into effect if it is conflicted with the law? If this is true, why should I draft the agreement? I just need a standard copy of the tenancy agreement.
    The tenancy agreement cannot take away the rights granted to the tenant by Parliament in the Housing Act 1988 s.21.

    Strictly speaking, you can end the fixed term agreement by giving the tenant one month's notice that you intend to exercise the break clause, but this just has the effect of converting the fixed term tenancy into a statutory periodic tenancy, and so you would still need to give the tenant at least 2 months notice under HA 1988 s.21 that you require possession of the property. You can use a s.21 notice to exercise the break clause (so long as you comply with s.21 by giving 2 month's notice) and then apply to the court for a possession order after the date of expiry.
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  3. #3

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    Thank you very much. So the question remains to be:

    Do I have to use a standard form of tenancy agreement? Or I can draft the tenancy agreement that conforms to the Housing Act (e.g. one obligation to provide two months' notice)


    Quote Originally Posted by agent46 View Post
    The tenancy agreement cannot take away the rights granted to the tenant by Parliament in the Housing Act 1988 s.21.

    Strictly speaking, you can end the fixed term agreement by giving the tenant one month's notice that you intend to exercise the break clause, but this just has the effect of converting the fixed term tenancy into a statutory periodic tenancy, and so you would still need to give the tenant at least 2 months notice under HA 1988 s.21 that you require possession of the property. You can use a s.21 notice to exercise the break clause (so long as you comply with s.21 by giving 2 month's notice) and then apply to the court for a possession order after the date of expiry.

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