Meaning of this clause in AST

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

  • Meaning of this clause in AST

    The AST which was signed by my tenants and my agents (as I was abroad)
    details this section

    "Section 5 General - All parties to this agreement should read these clauses.

    5.8 Owner Occupier Ground 1

    The Landlord gives notice to the tenant that the premises may be sought under Ground 1 of part of schedule 2 of the Housing act 1988 in that -

    At sometime before the begining of the tenancy the landlord , or in the case of joint landlords, at least one of them occupied the premises as his only or principle home; or the landlord, or in the case of joint landlords at least one of them requires the premises as his or spouses only or principle house "


    but my agents still maintain i can not give 2 months notice under the housing act mandatory possession ground one as "Prior Notice" was not given .

    But does the contract not state this ? and i satisfy it on other grounds.
    Any ideas

  • #2
    Originally posted by simon1970 View Post
    Any ideas
    Why don't you ask the agents who drew up the AST? I doubt it's enforceable, as it certainly doesn't qualify under the 'Plain English' test, does it?

    Comment


    • #3
      Too true not very clear and my tennants are not fluent in English as a first language , the agents say its a clause to regain ownership after the tenancy
      ends . But to be honest for the last 6 years they have taken 15% and now i need some help they are all but useless , and i am paying them to be the expert .

      Comment


      • #4
        The wording exactly corresponds with g1 in Schedule 2 to Act- so 'plain English' is irrelevant. However, g1 demands that Notice be given to T "not later than the beginning of the tenancy", so I doubt that wording in the actual Agreement will suffice.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment

        Latest Activity

        Collapse

        Working...
        X