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

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  • Lawcruncher
    replied
    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,

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  • MdeB
    replied
    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.

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  • Lawcruncher
    replied
    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.

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  • DPT57
    replied
    They do seem to use the terms interchangeably, which I agree is confusing but they do seem confident in the legality of their template.

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  • aciduzzo
    replied
    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.

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  • theartfullodger
    replied
    Or **FREE** gov.uk one. Better NRLA as there are all the other documents you might need.

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  • aciduzzo
    replied
    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.

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  • Lawcruncher
    replied
    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.

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  • jpkeates
    replied
    Originally posted by aciduzzo View Post
    But the main reason for this first page is that the property is currently tenanted and, although the fixed term ends on 31/7 - the day before the new tenancy starts - and the tenants have agreed to leave then, i'm trying to cover myself in case the worst happens.
    The term you are trying to rely on won't do what you want - it's a one sided term that shifts something that you're responsible for (and have a degree of control over) to the new tenant who can't have any control over the issue and can't be made responsible for it.
    It's just not a reasonable term for a consumer contract.

    You have to make sure the property is available for the new tenant, that's what the entire agreement is for.
    You can't add a term that makes the transaction dependent on something not in the control of the party you're contracting with - you might as well have a clause making the contract void if it rains on the move in date.

    And a one day gap between tenancies simply isn't workable.
    I don't start viewings until the tenant has left and any issues are resolved (or at least in progress).

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  • DPT57
    replied
    I dont know why you are so wedded to this template other than that it is free. NRLA membership is only £79 a year and will give you the cpt model that you're looking for.

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  • aciduzzo
    replied
    theartfullodger,

    No offence taken - i'm not the stubborn type and can take criticism ;-)
    I'm not a professional landlord; i only rent out one flat and have been doing so for four years now. So no training!
    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!

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  • aciduzzo
    replied
    Lawcruncher,

    Thanks a lot for that. The first page was not part of the original template - it is this that i've modified myself. So i have to take responsibility for it being a jumble! The right-to -rent checks have already been done, so i don't really need those bits. But the main reason for this first page is that the property is currently tenanted and, although the fixed term ends on 31/7 - the day before the new tenancy starts - and the tenants have agreed to leave then, i'm trying to cover myself in case the worst happens.

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  • theartfullodger
    replied
    Originally posted by aciduzzo View Post
    I wasn't aware of that. ..........
    (presumably you mean the right of tenants to change suppliers (or indeed meters..))??

    No offence, but done any training in being a landlord?

    When I started I thought I knew what I was doing: Ah my stupidity & hubris. Made expensive, long-drawn-out, painful, complicated mistakes: I resolved to learn.. still learning, still making mistakes...

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  • aciduzzo
    replied
    Originally posted by theartfullodger View Post

    You have that grant of use in writing or email, please? Or do you mean they gave (sent..) the agreement to you but with no document mentioning your rights to use it, please?
    yes, i do actually.

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  • aciduzzo
    replied
    Originally posted by ExpertInAField View Post
    The item that stuck out to me was that the tenant is not allowed to change the electricity or gas supplier. They absolutely can without needing your permission to do so (assuming a regular AST)
    I wasn't aware of that. However, i have never objected to my tenants changing suppliers.

    Leave a comment:

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