fixed term

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    fixed term

    Hi

    T has entered into a second year of a contract, with no break clause. L has served notice - now im sure, because this is a renewal tenency, possession is achievable, although T would have grounds to seek damages against L for breach of contract.

    Only first six months of tenancy is protected through possesssion.

    Do people agree?

    Thanks

    #2
    Originally posted by creswell View Post
    T has entered into a second year of a contract, with no break clause.
    How long is fixed term of the contract?

    Comment


      #3
      Originally posted by creswell View Post
      Only first six months of tenancy is protected through possession.
      I can't agree (yet) as I don't know what you mean. Please explain more.
      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).

      Comment


        #4
        I think I know what you are getting at. There is a misconception that a landlord can grant any length of term he likes but is only bound by the first six months. Absent any default by the tenant, if a landlord grants a fixed term he is bound by it, however long it is, unless he has reserved a right to break.

        Comment


          #5
          Or maybe it's associated with the six-month minimum rule for enforcing a s.21 Notice?
          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).

          Comment


            #6
            apologies for not being clear.

            This is the second term, a second tenancy agreement has been issued by the landlord, for a year with no break clause. The property has been sold and now L is issuing a section 21 notice halfway through the second year.

            I was told many years ago that as it is a renewal tenancy and not the first tenancy, then possession is possible through the Courts. Although T would have good grounds to pursue damages for breach of contract. I was advised at the time that only the first contract or first six months (or longer if there was no break clause) is protected for the purposes of section 21 possession. I have never been able to find clarification of that.

            Thank you for your assistance.

            Comment


              #7
              I think whoever told you that was getting confused with the 6 month rule mentioned by Jeffrey in post #5. I suspect the reason you haven't found clarification is because it doesn't exist.

              Comment


                #8
                your right thanks. I understand the six month rule, i was told many years ago that a renewal tenancy is not considered the same as a fixed term - it seems that was wrong. Thanks for clearing that up.

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