Notice Periods...

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  • jeffrey
    replied
    Originally posted by spiritkary View Post
    Just because that is what I have been told as you put it, does not make it correct.
    But it is correct. Stop resisting this fact.

    Leave a comment:


  • Mrs Mug
    replied
    Originally posted by spiritkary View Post
    Just because that is what I have been told as you put it, does not make it correct.
    Spiritkary, are you a landlord, agent or a tenant?

    The answers you've been given won't change, but we will be able to understand why you are asking better. Do you have a specific question that you want answered?

    Leave a comment:


  • spiritkary
    replied
    Just because that is what I have been told as you put it, does not make it correct.

    If a T does not agree to a new fixed term, then a L can proceed to evict following the correct lawful procedure. Which in effect means a L can get the fixed term he wants, albeit from a different T. So in a way, although the L can't impose unilaterally a fixed term on a T, if the T doesn't agree, a L can proceed to evict as I have just mentioned and find a T who will agree.

    As I see it, L& T matters are purely about negotiation between the parties anyway, like most things in life.

    Leave a comment:


  • Mrs Mug
    replied
    Originally posted by spiritkary View Post
    So in effect a L can impose unilaterally a new fixed term.
    No, as you’ve already been told.

    Originally posted by Snorkerz View Post
    both have to agree to a new fixed term and the conditions attached. Landlord can not unilaterally impose a new fixed term.

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  • spiritkary
    replied
    Thank you Mrs Mug. So in effect a L can impose unilaterally a new fixed term. Assuming a S21 notice has already been served, a L then proceeds to apply for a possession order.

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  • Mrs Mug
    replied
    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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  • spiritkary
    replied
    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?

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  • Snorkerz
    replied
    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

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  • spiritkary
    replied
    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?

    Leave a comment:


  • Snorkerz
    replied
    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.

    Leave a comment:


  • spiritkary
    replied
    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?

    Leave a comment:


  • Mrs Mug
    replied
    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.

    Leave a comment:


  • spiritkary
    replied
    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?

    Leave a comment:


  • Sad S
    replied
    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.

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  • spiritkary
    replied
    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?

    Leave a comment:

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