Notice period

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  • Notice period

    I have a tenant, the rent is higher than an AST. His office wished to
    exercise his option to renew and emailed me to say that the new agreement
    had been signed and faxed to the letting agent. This in November. I was then
    away for a month and at the beginning of this year chased the agent who
    revealed they had not received anything. They contacted the tenant who said
    that was opportune as circumstances had changed and they no longer wished to
    renew and would be leaving at the "end" of the tenancy on 5.2.09 thus giving
    me little notice. The agreement requires 2 months notice to end the term early.
    My questions are:
    1. I have been told and researched on the internet that since I received
    written [email under the terms of the agreement being accepted as written]
    agreement to renew, this suffices without the need for a signed renewal. Is
    this correct?
    2. If I did not have evidence of their renewal, would they need to give any
    notice before leaving at the end of the initial term even if there is an
    option to renew in the agreement? I have been given differing advice about
    this, one camp saying that no matter what is written into the agreement if
    the tenant leaves on the last day no notice has to be given [although one
    day longer and it becomes a periodic tenancy], the other that it depends on
    the wording. If the latter what clause should be used to ensure notice is
    always required before leaving?

  • #2
    Originally posted by Chrystal View Post
    I have a tenant, the rent is higher than an AST.
    Hi, you might need to give a little more information to get the best advice, such as does what you have said mean that the rent is too high for it to be an AST? If so, have you issued an ordinary contractual tenancy? Was/is there a fixed period and when does this end? How frequently is the rent due. What does the agreement say about the option to renew?

    Preston

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    • #3
      Originally posted by Preston View Post
      Hi, you might need to give a little more information to get the best advice, such as does what you have said mean that the rent is too high for it to be an AST? If so, have you issued an ordinary contractual tenancy? Was/is there a fixed period and when does this end? How frequently is the rent due. What does the agreement say about the option to renew?

      Preston
      Probably means that rent exceeds rate of £25 000 per year.
      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).

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