I have a client who wishes us to insert a clause into our standard agreement that states the tenants also have to give 2 months notice should they wish to vacate. I have informed him that whilst he can put this in the contract, even if the tenants sign this, that this clause is not enforcable and as his agents we would not be willing to enforce it. His reply to me was
"Please do insert a clause about the 2 months notice because my understanding is that if this is agreed (i.e. in initial lease and also in writing between tenant and landlord just prior to the end of the fixed term) then the Statutory Periodic Tenancy can be varied to become a Contractual Periodic Tenancy agreement with an enforceable 2 months notice either way"
Anyone have any ideas of whether this is correct or not? I know a contractual periodic tenancy is only created when the original tenancy does not have a fixed term which is not true in this case.
Thanks in advance
"Please do insert a clause about the 2 months notice because my understanding is that if this is agreed (i.e. in initial lease and also in writing between tenant and landlord just prior to the end of the fixed term) then the Statutory Periodic Tenancy can be varied to become a Contractual Periodic Tenancy agreement with an enforceable 2 months notice either way"
Anyone have any ideas of whether this is correct or not? I know a contractual periodic tenancy is only created when the original tenancy does not have a fixed term which is not true in this case.
Thanks in advance
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