How to manage transition from fixed term to periodic

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    #16
    So if an AST deems 2 mths notice from T, once periodic, and is agreed by T (by signing AST) will this hold up legally and over rule 1mth sat notice ?

    or is this refering to LL notice to T ? (as LL needs to give T 2 mths notice anyway !?)
    A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.
    W.Churchill

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      #17
      Originally posted by Rodent1 View Post
      So if an AST deems 2 mths notice from T, once periodic, and is agreed by T (by signing AST) will this hold up legally and over rule 1mth sat notice ?

      or is this refering to LL notice to T ? (as LL needs to give T 2 mths notice anyway !?)

      Not in a Statutory Periodic Tenancy because Housing Act (5)(3)(e)

      "under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy."

      But it could in a Contractual Periodic Tenancy.
      Dial 999 For a Landlord

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        #18
        Notice to leave at end of AST Term

        I have sometimes had a problem with tenants deciding whether they intend to move out at the end of the intial Term. Often they stay on so the tenancy becomes a monthly contractual tenancy but if, as has happened, they decide at the last minute to move out you can end up having an extended void period.

        Most of my tenants are in their late 20's and quite mobile so many don't really want to commit to a second full term even though they often ultimately end up staying for longer, so the flexibility of a monthly contractual tenancy at the end of the Term suits them.

        My main concern is simply the matter that they can change their minds literally up to the last day of the initial Term.

        Obviously, you could take the view that until they have decided whether to stay on you show the property to prospective tenants but this is a waste of agent's and viewer's time if the existing tenants then decide to stay.

        As I understand it, a contractual requirement to give notice to leave at the end of a Term is not enforceable. Would it be feasible instead to create a 24 or 36 month AST which can be broken with 2 months notice at any time after the first 12 months have expired?
        Assume I know nothing.

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          #19
          Originally posted by Brixtonia View Post
          Would it be feasible instead to create a 24 or 36 month AST which can be broken with 2 months notice at any time after the first 12 months have expired?
          Yes, it would, but you would be advised to have any such contract and its break clause professionally drafted by a legal drafter.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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            #20
            Thanks for your reply, mtg.
            As regards notice, could this be drafted so that it could be given by either party or could it only be by the tenant?
            Assume I know nothing.

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              #21
              Originally posted by Brixtonia View Post
              Thanks for your reply, mtg.
              As regards notice, could this be drafted so that it could be given by either party or could it only be by the tenant?
              Yes, it could be drafted so that either party may give notice.

              I would recommend you seek out someone who is experienced in drafting tenancy agreements as break clauses are sometimes poorly and/or ambiguously worded. There are quite a lot of questions on the forum from tenants asking what their break clauses actually mean. See this search of thread titles using the words 'break clause' ...

              http://www.landlordzone.co.uk/forums...archid=1610829

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                #22
                Originally posted by Brixtonia View Post
                Thanks for your reply, mtg.
                As regards notice, could this be drafted so that it could be given by either party or could it only be by the tenant?
                No, it could be designed to be operable by either side. It can be whatever both sides freely agree it will be, before signing it, really.
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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