2 months notice fixed term tenancy

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    #16
    Originally posted by mariner View Post

    10/02/2017 to and including 09/02/2017 is the fixed term (12 months) IMO, but we do not know what paragraph 2.5 states.
    It states that
    2.5 Ending the tenancy
    2.5.1 If the tenant intends to vacate at the end of the fixed term, he agrees to give the landlord at least two month's prior Notice in writing.
    2.5.2 While the tenancy is periodic the one month's written Notice must expire the day before the Rent Due Date

    Comment


      #17
      Originally posted by Hollymou12 View Post
      What is a CPT?
      Contractual Periodic Tenancy
      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

      Comment


        #18
        Interesting.

        "The term shall be from and including 10/02/2017 to and including 09/02/2018 and then monthly periodic."

        I think the "to" gives the tenancy an end date. If the "term" is "from" a date and "to" a date it isn't in existence before the start date and after the "to" date. The two dates limit the term.

        Additionally, the definition is "Term", which is implicitly a limited period in English. So the definition would have to overturn the normal meaning of the word.

        The idea that the term "continues" is a problem, though.
        But it's a common error / loose usage - the idea that a single "let" can be a series of separate tenancies isn't commonly understood.

        So I'm not 100%, either, but there seems more in favour of it being a fixed term than there is in favour of it being a contractual periodic tenancy.

        I think the question is a little academic unless the agent brings it up, though.
        So far they've just asserted that the notice is required in line with the agreement, which is a common enough agent mistake.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #19
          Originally posted by Hollymou12 View Post
          What is a CPT?
          A contractual periodic tenancy - which is one in which, instead of a fixed term followed by a periodic tenancy, there is a single tenancy, which starts with one term and then continues monthly.

          The difference (in practice) is that the notice period in a CPT remains into the periodic tenancy, while the notice period in a "normal" periodic tenancy is set by law.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #20
            Originally posted by jpkeates View Post
            Interesting.

            "The term shall be from and including 10/02/2017 to and including 09/02/2018 and then monthly periodic."

            I think the "to" gives the tenancy an end date. If the "term" is "from" a date and "to" a date it isn't in existence before the start date and after the "to" date. The two dates limit the term.

            Additionally, the definition is "Term", which is implicitly a limited period in English. So the definition would have to overturn the normal meaning of the word.

            The idea that the term "continues" is a problem, though.
            But it's a common error / loose usage - the idea that a single "let" can be a series of separate tenancies isn't commonly understood.

            So I'm not 100%, either, but there seems more in favour of it being a fixed term than there is in favour of it being a contractual periodic tenancy.

            I think the question is a little academic unless the agent brings it up, though.
            So far they've just asserted that the notice is required in line with the agreement, which is a common enough agent mistake.
            That's what I thought plus the fact the 2.5 claus uses the term fixed term. After I'd given one month's notice she wrote back quoting 2.5 and saying she would discuss with the landlord to see if he was willing to accept the one month.

            She soon wrote back saying he had said:
            "I’d like to work on the basis that the tenancy will expire on 9th March (two months’ notice as per the agreement) unless we find a new Tenant to occupy before that date."

            ​​​​​​

            Just seems unfair that we would have to stay on longer than the fixed term, pay another month to live in a house we really are tired of living in. Because he says so. We really can't wait to leave at this point.

            Comment


              #21
              I think the wording of 2.5 more-or-less settles it. The reference to 'fixed term' is unambiguous, as is the possibility that the tenant can end the tenancy at that point.

              What (typically) bad drafting.

              Comment


                #22
                Originally posted by Hollymou12 View Post
                That's what I thought plus the fact the 2.5 claus uses the term fixed term. After I'd given one month's notice she wrote back quoting 2.5 and saying she would discuss with the landlord to see if he was willing to accept the one month.
                If you leave at the end of the fixed term, there isn't really anything the agent or landlord can do about it. The notice is actually academic in that case - and the contractual term doesn't affect that.

                She soon wrote back saying he had said:
                "I’d like to work on the basis that the tenancy will expire on 9th March (two months’ notice as per the agreement) unless we find a new Tenant to occupy before that date."
                That is actually just stupid.

                Just seems unfair that we would have to stay on longer than the fixed term, pay another month to live in a house we really are tired of living in. Because he says so. We really can't wait to leave at this point.
                It is unfair - and they're wrong.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #23
                  The fact is a T may not serve valid Notice during Fixed Term (ie before SPT has commenced), but they can offer 'early can surrender' when LL can impose any conditions for his Agreement. Once SPT has commenced, T can give min 1 month Notice, to expire on the last day of a Rental Period, which means if T gives Notice at start of SPT, they remain liable for rent unti end of SPT month 2.

                  Statute allows T to vacate on last day of fixed Term.

                  LL & LA have been misinformed in not applying the Law correctly IMO.

                  Comment


                    #24
                    Don't think it is statute that allows T to vacate.. Unless you could kindly refer us to which statute, which clause, please? think it's case law...

                    Almost agree on LL & LA being misinformed. Call me cynical but either that or, more likely, it suits especially agents to assert the old "two months notice needed mate"... when knowing full well it ain;t needed.
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                    Comment

                    Latest Activity

                    Collapse

                    Working...
                    X