Calculating correct date to serve NTQ

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

    #31
    Tenant can leave without notice before the end of the fixed term. If they're no longer living there when the fixed term end (end of the day midnight last day), then no statutory periodic tenancy arises.

    Any clause requiring notice to end the fixed term is incompatible with the concept of fixed term tenancy.

    Any clause requiring notice prior to the ending of a fixed term tenancy is probably unfair under consumers law. Even if it is not deemed unfair, the LL survive no losses, since the length of the fixed term tenancy is.... fixed and have not shorten due to the lack of notice.

    All the above go out of the window if the tenancy agreement is for a tenancy that would continue period by period on a contractual basis at the end of that initial fixed term.
    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.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #32
      Hi. As we all know have learned that a tenant can leave until the last day of their fixed tenancy agreement without giving any notice. But how about the landlord, can he/she insist on last day to leave on an assumption that since the tenant is not bound to give any notice to leave.

      Comment


        #33
        No. Assuming assured (whether shorthold or otherwise) tenancy, which is the default for residential tenancy where the tenant is a natural person (i.e. human not company), then if the tenant is still living there when the tenancy ends through time, a new periodic tenancy automatically arise as a matter of law.

        A landlord may only evict a residential tenant (exceptional applies but we're talking normal cases here) through the courts.
        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.

        I do not answer questions through private messages which should be posted publicly on the forum.

        Comment

        Latest Activity

        Collapse

        Working...
        X