T vague about notice/moving date; may L keep deposit?

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    #16
    The fixed term started on 9/05/10, this is the last of the six months in tenancy agreement. I live in England. Yes, inventory has been signed by both parties. Other questions have been answered in my initial post on this thread (no need to merge) But I'll answer again to make it easier:
    Yes, deposit is protected. No, no written notice. That's all I believe. If not, kindly let me know.

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      #17
      Originally posted by Irina View Post
      The fixed term started on 9/05/10, this is the last of the six months in tenancy agreement. I live in England. Yes, inventory has been signed by both parties. Other questions have been answered in my initial post on this thread (no need to merge) But I'll answer again to make it easier:
      Yes, deposit is protected. No, no written notice. That's all I believe. If not, kindly let me know.
      In that case, no, you cannot enforce any clause requiring T to give notice unless she remains beyond the fixed term, in which case one month's notice applies for her and two for you, to expire at the end of a rental period.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        #18
        Three threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

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          #19
          Thank you. Would it be any different if we had a written confirmation from the T?

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            #20
            Originally posted by Irina View Post
            Thank you. Would it be any different if we had a written confirmation from the T?
            If that were in the Letting Agreement, it would be a clause operative during it; but clauses about giving Notice do not continue operation into the SPT: see s.5(3)(e) below, with my underlining. If you meant a Notice To Quit by T given during the SPT, however, yes- it would bind T.

            5(3) The periodic tenancy referred to in subsection (2) above is one:
            (a) taking effect in possession immediately on the coming to an end of the fixed term tenancy;
            (b) deemed to have been granted by the person who was the landlord under the fixed term tenancy immediately before it came to an end to the person who was then the tenant under that tenancy;
            (c) under which the premises which are let are the same dwelling-house as was let under the fixed term tenancy;
            (d) under which the periods of the tenancy are the same as those for which rent was last payable under the fixed term tenancy; and
            (e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy.
            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).

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              #21
              Originally posted by jeffrey View Post
              If that were in the Letting Agreement, it would be a clause operative during it;
              This seems to suggest that LL can require a T to give notice if T wishes to terminate the tenancy at the end of the fixed term. The advice normally given on this forum is that any clause inserted by LL which overrides T's statutory rights in an AST is unenforceable. Or have I misinterpreted your answer?
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                #22
                No. T is always free to leave at fixed-term end; the clause is operational during it (not at end of- or after- it).
                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).

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                  #23
                  Originally posted by jeffrey View Post
                  No. T is always free to leave at fixed-term end; the clause is operational during it (not at end of- or after- it).
                  So it could only ever apply to a break clause operable within the fixed term? I do not think that applies in OP's case, though:
                  Originally posted by Irina View Post
                  The fixed term started on 9/05/10, this is the last of the six months in tenancy agreement.
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                    #24
                    Thank you, Jeffrey. Tenant is leaving at the end of her 6 months' Fixed Term Tenancy. I presume that Letting Agreement you mentioned is the same as Fixed Term Tenancy Agreement. It didn't roll into SPT, neither it, hopefully, will (just three of my threads have been merged, which may be confusing). So, as you say, this clause is still operative as it's the last month of the 6. However, as the previous responder said it's not enforceable. I guess in this case I won't be bothering with the operative but not enforceable clauses and will part with the tenant as amicable as possible, even if I keep losing prospective tenants because of her. Looks like I don't have any choice if I'm not protected by the law.

                    Thank you for all replies. X factor is my consolation for tonight.

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                      #25
                      Originally posted by mind the gap View Post
                      So it could only ever apply to a break clause operable within the fixed term?
                      Yes, that's so.
                      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

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