How to get tenant to give notice of intention to stay or leave after fixed term ?

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

    #31
    Originally posted by aciduzzo View Post
    I'm simply trying to have an agreement in place that doesn't leave me exposed, esp. to the risk of existing tenants staying put!
    Understandable, but risky. The policy has to be not to sign up with the new tenant until the old one has left.

    Complications such as making agreements conditional and break clauses should be avoided.

    You really do need to find a better form of agreement.

    Comment


      #32
      Thanks, everyone. What you say makes a lot of sense. I think it best to ​​ask the new tenants to postpone the moving - in date and wait with the contract till i have vacant possession. In the meantime, i will get the NRLA template.

      Comment


        #33
        Or **FREE** gov.uk one. Better NRLA as there are all the other documents you might need.
        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


          #34
          Just a quick follow up q (now that i have the NRLA agreement): why does the NRLA template refer to a fixed term in section A2? I thought it had to be referred to as an an initial term.

          Comment


            #35
            They do seem to use the terms interchangeably, which I agree is confusing but they do seem confident in the legality of their template.

            Comment


              #36
              Originally posted by aciduzzo View Post
              Just a quick follow up q (now that i have the NRLA agreement): why does the NRLA template refer to a fixed term in section A2? I thought it had to be referred to as an an initial term.
              If there is a long initial period it is natural to think of it as fixed. I have certainly described an inital period as fixed myself, but now avoid describing it as such to avoid confusion. Indeed, any periodic tenancy can be analysed as comprising an initial fixed term. However, a tenancy is either fixed term or periodic and it is better not to mix the two terms. The NRLA would be advised to amend their precedent as there is no telling how the Court of Appeal would interpret " fixed term continuing as periodic" or words to like effect.

              Comment


                #37
                Originally posted by Lawcruncher View Post
                The NRLA would be advised to amend their precedent as there is no telling how the Court of Appeal would interpret " fixed term continuing as periodic" or words to like effect.
                I have put it to the NLA, a couple of years ago, that stating a fixed term up front and then having a clause elsewhere that tries to make it a contractual periodic tenancy is misleading and probably breaches consumer law. Someone even phoned me and we talked for some time about it, but nothing changed.

                I would advise anyone using the NRLA template to modify the definition of Term to be clear and explicit.

                Comment


                  #38
                  Originally posted by MdeB View Post
                  I have put it to the NLA, a couple of years ago, that stating a fixed term up front and then having a clause elsewhere that tries to make it a contractual periodic tenancy is misleading and probably breaches consumer law.
                  I agree that "having a clause elsewhere" is not to be recommended. Doing it leads me to wonder what else is amiss in the agreement and who drafted it,

                  Comment

                  Latest Activity

                  Collapse

                  Working...
                  X