Notice Periods...

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    Notice Periods...

    Can somebody tell me whether I can ask a tenant, as part of the AST, to give me 2 months notice before vacating the property?

    #2
    Yes and no.

    The tenant can leave at the end of the AST exactly without giving any notice at all.

    Any notice provision in the AST does not carry over into a statutory continuation of the tenancy. Notice then beomes 1 month from tenant or 2 from LL - ending on a rent day.

    You can stipulate 2 months notice within the timeperiod of the AST so for example you could give a 12 months AST and say that the tenant can move out with 2 months notice any time after 6 months.

    Comment


      #3
      You could enter into a 3 year fixed term, with a break clause saying 2 months notice is required to break the lease.

      Alternatively, you could also have a 'contractual periodic tenancy' at the end of the AST instead of a 'statutory periodic tenancy'. This would need to be a part of the original AST and should be drafted by a lawyer.

      If there is plenty of rental property available in your area, both these could reduce the attractiveness of your property compared to less-restrictive 'normal' tenancy agreements.

      Comment


        #4
        posted by fletchj
        The tenant can leave at the end of the AST exactly without giving any notice at all.
        I still don't understand what the answer is to the original posters question?

        I read the answers to mean that despite the T signing say a twelve month AST with two months notice to vacate, the T can just ignore giving any notice at all and just leave at the end of the AST anyway. So why does anyone bother to get a T to agree to give notice? Or have I misunderstood all of this?

        Comment


          #5
          Originally posted by spiritkary View Post
          I still don't understand what the answer is to the original posters question?

          I read the answers to mean that despite the T signing say a twelve month AST with two months notice to vacate, the T can just ignore giving any notice at all and just leave at the end of the AST anyway. So why does anyone bother to get a T to agree to give notice? Or have I misunderstood all of this?
          It's because the tenant has contracted to stay for the fixed term only, and you can't start imposing conditions to say how he might end the contract when it (the fixed term) is already stated within the AST when it will end.
          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
            So why does anyone bother to get a T to agree to give notice?
            Thanks for your response Paul_f. I still don't understand. So what about this part of my question then?

            And if the T doesn't give any notice, are they in breach of contract?

            Comment


              #7
              Originally posted by spiritkary View Post
              Thanks for your response Paul_f. I still don't understand. So what about this part of my question then?

              And if the T doesn't give any notice, are they in breach of contract?
              If we're talking about ASTs in E&W:

              T doesn't have to give notice to leave at the end of the fixed term (although it's polite to do so). That's what "fixed term" means. Things may be different if there's a break point provision within the fixed term - depends what the tenancy agreement says.

              T has to give one month's notice, ending at the end of a rental period, once fixed term is over, and a statutory periodic tenancy exists.

              Comment


                #8
                Yes let's assume we are talking about AST's in E&W.

                If T wants to stay on and renew the AST to say another 12 months, will the T have to give two months advance notice under the current AST if that's what was agreed in the current AST?

                Comment


                  #9
                  Originally posted by spiritkary View Post
                  If T wants to stay on and renew the AST to say another 12 months, will the T have to give two months advance notice under the current AST if that's what was agreed in the current AST?
                  No, the re-newed AST is a completely new AST that will run for 12 months. Therefore, once again the tenant can leave when the tenancy expires without any notice.

                  Comment


                    #10
                    Thank you for your response Mrs Mug. I would still like an answer regarding my question if the T wants to stay on and renew their AST.

                    I understand now that a T doesn't have to give notice if they want to vacate even though they have agreed in the AST to give notice, but what about if a T wants to renew their AST? Can the T still just ignore the notice period and wait until the end of the fixed term and hope that the landlord will agree to renew it?

                    Comment


                      #11
                      Originally posted by spiritkary View Post
                      Thank you for your response Mrs Mug. I would still like an answer regarding my question if the T wants to stay on and renew their AST.

                      I understand now that a T doesn't have to give notice if they want to vacate even though they have agreed in the AST to give notice, but what about if a T wants to renew their AST? Can the T still just ignore the notice period and wait until the end of the fixed term and hope that the landlord will agree to renew it?
                      No, section 5 of the 1988 Housing Act makes a continuing "statutory periodic tenancy" automatic unless the landlord has obtained a court order to evict under section 8 or (more usually) section 21 of the same act.

                      If the tenant requires a new fixed term, that is open to negotiation, but the actual tenancy does not end until the tenant goes voluntarily or the landlord obtains a court order.

                      Comment


                        #12
                        Snorkerz
                        If the tenant requires a new fixed term, that is open to negotiation,
                        Thanks for replying Snorkerz. Can you clarify when negotiations can begin if the tenant requires a new fixed term?

                        Comment


                          #13
                          Whenever you want - but remember both have to agree to a new fixed term and the conditions attached. Landlord can not unilaterally impose a new fixed term. It would be usual for a new agreement to commence on the day after the last day of the previous fixed term, or if agreement was not agreed in time, it would commence on the same day of any subsequent month

                          Comment


                            #14
                            Snorkerz
                            Landlord can not unilaterally impose a new fixed term.
                            Thank you Snorkerz, I am learning a lot.

                            Surely the bit I have highlighted above is not strictly true because say if a landlord doesn't get the terms they want then there is no agreement and therefore no new tenancy and the T will have to move on? For example, a landlord may want to impose a new fixed term and if the T doesn't want it then the T will have to move on so the L can find another T who wants to take on a fixed term?

                            Comment


                              #15
                              Originally posted by spiritkary View Post
                              For example, a landlord may want to impose a new fixed term and if the T doesn't want it then the T will have to move on so the L can find another T who wants to take on a fixed term?
                              The landlord would have to issue a S21 notice giving the tenant at least 2 months notice that they are required to move out. But if the tenant does not move out when the S21 expires, the landlord would have to go to court to obtain a possession order.

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