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  1. #1

    Post Landlord/Tenants Notice Period

    if a fix term tenancy contract says:

    Break clause: Either party can serves a two month written notice but not before four months from the termination date of this agreement.

    Does the tenant still need to provide notice to move out if their tenany agreement is coming to an end and no written notice has yet been given. By law does this give the tenant the right to move out on the date of termination without providing the landlord with prior notice? if so does this need to be 2 months or is it a month?

  2. #2
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    The tenant can leave at the end of the term without giving notice.

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    Quote Originally Posted by ldrobertspat View Post
    if a fix term tenancy contract says:

    Break clause: Either party can serves a two month written notice but not before four months from the termination date of this agreement.

    Does the tenant still need to provide notice to move out if their tenany agreement is coming to an end and no written notice has yet been given. By law does this give the tenant the right to move out on the date of termination without providing the landlord with prior notice? if so does this need to be 2 months or is it a month?
    Assuming that there is no reversionary agreement, that the agreement is an AST and granted within England/Wales: - Tenant can leave at the end of the tenancy providing no notice. If the tenant stays a day over the SPT rules apply. By law you cannot expect notice to continue indefinitely, otherwise it breaches the rules of a tenancy.
    The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the salient facts BSc (Hons)

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    Quote Originally Posted by ldrobertspat View Post
    if a fix term tenancy contract says:

    Break clause: Either party can serves a two month written notice but not before four months from the termination date of this agreement.
    Aside from your actual question, which has been answered, this break clause doesn't appear to be exercisable because it doesn't say what effect the written notice has - i.e. it doesn't actually say what will happen at notice expiry. Whilst you could argue that what it's meant to mean is that the fixed term tenancy will end at notice expiry, you could also argue that nothing would happen at notice expiry.

  5. #5

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    Thanks for your comments

    OK well in that case, we had contacted the tenant more the 2 months prior to the termination date to discuss renewal of the contract. At the time the tenant asked for a possible extension to the current contract which agreed to with a 2 month notice period and increase rent as discussed. This is verbally agreed between both parties.

    Then more then 1 month prior to the termination date, we contacted the tenant to discuss the situation and the possible extention etc which again the tenant was all happy with. We emailed a new contract to the tenant as a rolling contract which they have not yet signed. They then contacted us via phone to discuss moving out, as we wanted 2 months notice as verbally agreed they asked if they could give us 6 weeks instead which we felt we had not choice but to agree to. This meant 4 weeks notice (not a full calander month)to termination date plus 2 weeks extra.

    Since this discussion, the tenant has contacted us (2 weeks to prior to termination date) saying they will either be moving out on the termination date or 1 week after, so going back on any verbal agreement we had. They are saying they do not have to stay any longer then the termination date

    We now do not know where we now stand and what our legal rights are as a landlord. We are running out of time and feel like we have been put in a very tricky situation.

  6. #6
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    If tenant moves out on termination date, then so be it, they have not agreed to stay any longer.

    If tenant moves out even 1 minute after the end of the fixed term, then a statutory periodic tenancy will arise (see s5 - 1988 Housing Act). In which case notice has to be given, a minimum of 1 month, ending on the last day of a tenancy period. Presuming the tenancy in question reserves rent monthly, then the first period end afte the end of the fixed term will be 1 month later - leaving your tenant liable for rent until that date at the earliest (unless you accept surrender by operation of law)

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    Quote Originally Posted by ldrobertspat View Post
    Since this discussion, the tenant has contacted us (2 weeks to prior to termination date) saying they will either be moving out on the termination date or 1 week after, so going back on any verbal agreement we had. They are saying they do not have to stay any longer then the termination date.
    Assuming this is an AST in England/Wales, if T is in occupation at fixed term expiry, a statutory periodic tenancy will automatically arise. In a SPT, T is obliged to give at least one month's notice, also expiring at the end of a tenancy period.

    In short, if they move out a week after the fixed term expires, they will be liable for rent for at least another month's rent.

    Alternatively, they may move out at fixed term expiry and their liability for rent will end on the last day of the fixed term.

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    Quote Originally Posted by westminster View Post
    Assuming this is an AST in England/Wales, if T is in occupation at fixed term expiry, a statutory periodic tenancy will automatically arise. In a SPT, T is obliged to give at least one month's notice, also expiring at the end of a tenancy period.

    In short, if they move out a week after the fixed term expires, they will be liable for rent for at least another month's rent.

    Alternatively, they may move out at fixed term expiry and their liability for rent will end on the last day of the fixed term.
    Yes that's the legal position. Nothing prevents the landlord and tenant from agreeing that the tenancy will be surrendered one week after the fixed term ends, though.

  9. #9

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    Ok so as a landlord even though there was a verbal agreement of an extension with a 2 month notice and then a recent verbal agreement of 6 weeks notice between the 2 parties, we still have no legal binding and the tenant can keep changing their mind?

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    Quote Originally Posted by ldrobertspat View Post
    Ok so as a landlord even though there was a verbal agreement of an extension with a 2 month notice and then a recent verbal agreement of 6 weeks notice between the 2 parties, we still have no legal binding and the tenant can keep changing their mind?
    Whilst an oral contract is binding, in my opinion its not worth going to court over, unless you have other things which would suggest that said oral contractual relationship existed.
    The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the salient facts BSc (Hons)

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