Periodic Monthly Contract with 2 Months Notice Period?

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

    #31
    looks like i wasnt careful:

    term:
    "1.6.1 the term shall be for 12 months from and including xx 2010 to and including xx september 2011. Please see clause 2.5 as it contains important information about what you must do to end the tenancy. * (2.5 "If the tenant intends to vacate at the end of fixed term, or any later date, he agrees to give the Landlord at least two months prior notice in writing". While the tenancy is periodic the two months written notice must expire the day before a rent due date.

    1.6.2 The "term" is to include a statutory periodic tenancy or any contractual periodic tenancy that is defined in clause 1.6.1 as following the fixed term
    1.6.3 If on the coming to the end of the fixed term agreed above, the landlord does not seek posesion and the tenant reminds in the property, they will be considered, by virtue of section 5 of the Housing Act 1988, to have a statutory periodic tenancy. This will continue till ended by either party.


    does it mean i need to give 2 months notice? what kind of contract i have got then?

    Comment


      #32
      thank you, jta, for your quick response..

      Comment


        #33
        The Housing Act 1988 states that the terms of a statutory periodic tenancy are the same are those of the fixed term tenancy expect for clauses related to termination which no longer apply.

        So as said, you only need to give a month notice expiring on the last day of a period.

        Comment


          #34
          thank you very much for your help.

          Comment

          Latest Activity

          Collapse

          • Section 8 on tenants without deposit
            by dereham
            Hello all

            Is it difficult to evict a tenant (section 8 rent arrears) if they didn't pay a deposit when they moved in?
            It might be a silly question - I know it's a massive issue not to have protected a deposit when it comes to eviction but I can't find any info about cases where there...
            02-12-2021, 11:30 AM
          • Reply to End of tenancy questions
            by leasee123
            So is it best to serve section 21 together with a section 13? As that is the only way to ensure I can get the rent increase?...
            02-12-2021, 09:56 AM
          • End of tenancy questions
            by leasee123
            Hi,

            I am a landlord and the current tenancy is coming close to the end of the AST fixed period. I am unsure what the process is when it comes to things like increasing rent and section 21 etc. I am using an agent for tenant find and they do the negotiating with the tenants (and of course...
            01-12-2021, 21:08 PM
          • Reply to Alternative ways to enforce a Peaceable Eviction
            by bob369
            I wish to gain a court order for eviction, can that be sought in advance of the approaching Notices end date, or does he need to become a 'hold over' tresspasser before I can apply.
            Apologies that is a typo, if it wasn't for the infernal 'Moderator Approval' system being so pedantic I would have...
            02-12-2021, 09:54 AM
          • Alternative ways to enforce a Peaceable Eviction
            by bob369
            Hi,

            A Lodger (Excluded Occupier) needs to be excluded as his Notice Period has expired (one calendar month), and he refuses to leave

            I understand Police will not get involved to remove him, even though he is tresspassing, understand they view this as Civil not criminal....
            24-11-2021, 23:16 PM
          • Reply to End of tenancy questions
            by jpkeates
            You can charge them any rent that they agree to pay, otherwise, your only option to unilaterally increase the rent is a s13 notice.

            The s13 notice includes an appeals process, so you can't simply "evict" someone by charging a ludicrous rent....
            02-12-2021, 09:50 AM
          • Reply to Granting a very long AST (to a family member)
            by Section20z
            The flat's lease will likely prohibit lettings of more than a year (or class it as an assignment)
            02-12-2021, 09:44 AM
          • Granting a very long AST (to a family member)
            by meehr
            For a variety of reasons a family member is considering renting out their leasehold flat to a cousin for a long period of time - to provide security they want to grant a very long AST, like 8 years (till kids have left home basically). They both want to do this for security and avoidance of argument...
            01-12-2021, 23:27 PM
          • Reply to End of tenancy questions
            by leasee123
            But what happens if tenants don't leave (when it was originally agreed they would), can I charge them the higher rent? Because a section 13 would not have been served (given it was agreed they would leave at the end of the fixed term) would I still be allowed to charge them a higher rent?
            02-12-2021, 09:43 AM
          • Reply to who's repsponsibility
            by jpucng62
            Tenants often don't have the tools to manage large foliage or dispose of it. If I could do it without too much effort I probably would or offer to arrange for it to be done & pass on the cost. It is definitely their responsibility.
            02-12-2021, 09:20 AM
          Working...
          X