Assured Shorthold Tenancy - Notice Period

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  • Assured Shorthold Tenancy - Notice Period

    Hello,

    I am a Landlord with an property that we rent to a Tenant. We use a Letting Agent who provided an Assured Shorthold Tenancy Agreement for a period of six months.

    In the agreement there is a clause:

    "If the tenant does not want to remain in the property after the end of the term certain then two months notice in writing should be given to the Landlord or Agent on or before the four month anniversary"

    The end of the six month term is a month away, and the tenant has just given (one months) notice that they wish to leave at the end of the six month term.

    This breaks the agreement clause outlined above, because they are not giving two months notice.

    Do I have any recourse against the tenant for breaking the terms of the agreement?

    Thanks

  • #2
    Originally posted by hchawner View Post
    In the agreement there is a clause:

    "If the tenant does not want to remain in the property after the end of the term certain then two months notice in writing should be given to the Landlord or Agent on or before the four month anniversary"
    <snip>
    Do I have any recourse against the tenant for breaking the terms of the agreement?
    I suspect not as the legislation says they don't have to give any notice at the end of a fixed term which, if I am correct, means your Tenancy Agreement clause would be unenforceable.

    Comment


    • #3
      Originally posted by hchawner View Post
      Hello,

      I am a Landlord with an property that we rent to a Tenant. We use a Letting Agent who provided an Assured Shorthold Tenancy Agreement for a period of six months.
      In the agreement there is a clause:
      "If the tenant does not want to remain in the property after the end of the term certain then two months notice in writing should be given to the Landlord or Agent on or before the four month anniversary"
      The end of the six month term is a month away, and the tenant has just given (one months) notice that they wish to leave at the end of the six month term.
      Thanks
      If the tenants signed a six month agreement, they are able to leave at the end of it without further notice, if they go over it by a day they would then be in a 'Statutory periodic tenancy', where they would have to give you one month's notice, you would have to give them two months.
      I offer no guarantee that anything I say is correct. wysiwyg

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      • #4
        Thank you for your replies. It does therefore seem that the notice clause in the contract is meaningless and should therefore not be included. I will take this up with the letting agent.

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        • #5
          Another letting agent that needs some urgent training!
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


          • #6
            Originally posted by Paul_f View Post
            Another letting agent that needs some urgent training!
            And where could he possibly get that from, I wonder?
            '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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            • #7
              I suspect that this is an example of an agent who has "made it all up" and considers that he therefore knows it all thus Paul f or a colleague will not be receiving a well earned fee. When I was flying aeroplanes for a living or teaching it, I always used to say that the day you stop learning about the subject is the day you give up - or the day you aught to. I have found that precisely the same applies to landlording and property management. The agents I use have learned about the subject from my experiences and I have learned much, much more from them. The same applies to this board where I have learned and learned!

              P.P.
              Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

              Comment


              • #8
                Originally posted by hchawner View Post
                the four month anniversary
                Eh? What's a four month anniversary?
                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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                • #9
                  Originally posted by mind the gap View Post
                  And where could he possibly get that from, I wonder?
                  Lots of places if he only looks!
                  The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                  Comment

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