tenancy agreement

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  • tenancy agreement

    Hi

    I have a question about the terms of a particular agreement. I am an adviser by the way attemting to assist a client.

    T has entered into an agreement with L for a six month contract that specified 2 months notice for the T. T gave six weeks notice that he wanted to vacate at the end of the fixed term. L is subsequently disputing the return of the deposit saying that 2 months notice was required and L can ask for additional 2 weeks rent (to equate to 2months notice).

    My question is therefore does T need to honour the 2 months notice if T is vacating at the end of the fixed term? I understand that if the tenancy had become periodic even by one day then in my opinion T would be required to provide 2 months notice (as the terms of the intial tenancy agreement would roll on).

    I can see the argument from both sides.

    Any asistance as always greatly appreciated.

  • #2
    There really no argument in this case.

    A fixed term contract is exactly that, a contract from date A, ending on date B.

    2 months notice may be stated in the contract, but the tenant is not legally obligated to give notice on a fixed term contract, provided of course he has actually vacated the property and returned the keys before this contract expires.

    It is a cause of frustration for many landlords that tenants vacate at the end of a contract, even when they state verbally they wish to stay, and then change their mind.
    If I am offering advice, I am doing so purely because I think I know the answer and would like to help, but... and its a big but, I do occasionally get things wrong, as anyone does.

    So please don't sue.

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    • #3
      Originally posted by NoMoreFaith View Post
      There really no argument in this case.

      A fixed term contract is exactly that, a contract from date A, ending on date B.

      2 months notice may be stated in the contract, but the tenant is not legally obligated to give notice on a fixed term contract, provided of course he has actually vacated the property and returned the keys before this contract expires.

      It is a cause of frustration for many landlords that tenants vacate at the end of a contract, even when they state verbally they wish to stay, and then change their mind.
      All that is true only if the letting is governed by the Housing Act 1988.
      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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