AST muddle - contractual tenancy period

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    AST muddle - contractual tenancy period

    I think I've got myself in a muddle regarding the wording on the AST my tenant has signed as I ammended a template.

    I agreed with the tenant that she could pay fortnightly and the contract states:
    "The rent is £436 every 2 weeks. The rent must be paid in advance"

    The fixed term was for 6 months from 12/4/2009 to 11/10/2009.

    However the next paragraph states:
    "If, at the end of this time, you want to continue the tenancy and you have not already received from us two months' notice to end the tenancy, it will carry on from month to month as a monthly contractual tenancy."

    My question is therefore what periodicity do I use to calculate the date for a section 21(4)a notice - monthly or fortnightly? If I issue it now I'm not sure if the date is the 9th October (fortnightly period more than 2 months after issue) or 11th October (monthly expiry).

    #2
    The Protection from Eviction Act 1977 states that if you wish to seek possession of the premises you must serve a minimum of two months notice on the tenant during the fixed term (it can't end before the end of the term). However, if it becomes a monthly contractual tenancy thereafter, the aforementioned minimum 2 months applies but it has to end at the end of a rental period (a fortnight in 'old English').
    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


      #3
      Originally posted by Paul_f View Post
      The Protection from Eviction Act 1977 states that if you wish to seek possession of the premises you must serve a minimum of two months notice on the tenant during the fixed term (it can't end before the end of the term). However, if it becomes a monthly contractual tenancy thereafter, the aforementioned minimum 2 months applies but it has to end at the end of a rental period (a fortnight in 'old English').
      I think you mean to refer to the Housing Act 1988.


      "If, at the end of this time, you want to continue the tenancy and you have not already received from us two months' notice to end the tenancy, it will carry on from month to month as a monthly contractual tenancy."

      This type of wording must be avoided. First the continuation depends on someone not doing something and then on the tenant wanting to continue the tenancy, but with no requirement that the tenant has to communicate at any stage what he wants. We therefore do not know if there is contractual monthly tenancy or a statutory fortnightly one. However, all is by no means lost. You just serve two notices - one on the basis that there is a calendar monthly tenancy and the other on the basis that there is a fortnightly tenancy. You do not take any court action until the later of the two expires.

      Comment


        #4
        No, the PEA controls the amount of minimum notice you must serve on a tenant, although the legislation comes under the Housing Act 1988.
        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

        Latest Activity

        Collapse

        Working...
        X