Tenancy Agreement - Ongoing Tenancy

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    Tenancy Agreement - Ongoing Tenancy

    My tenant wants to extend her tenancy agreement (originally for 6 months) but does not wish to sign a new 6 month tenancy instead wants a rolling agreement but will give two months notice of her intention to leave. I have asked her to sign a letter to that effect but not written another tenancy agreement is that sufficient?

    Thanks

    AF

    #2
    if ungoing tenancy under same terms in my opinion thats all you need
    Opinions given are mine, They are not necessarily correct, as the more I learn the less I know, You should always seek professional help.

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      #3
      Thanks

      Sounds like good advice.

      Thanks

      Crels

      Comment


        #4
        If no action is taken as the AST expires, a statutory periodic tenancy is automatically created which can run indefinitely. The terms and conditions are as stated in the original AST, except that the rent can be altered provided one months notice of a change is given and this is not done more than once in a 12 month period. Secondly the landlord has to give the tenant two months notice if he wishes them to leave, but the tenant only needs to give one month's notice for the same purpose, unless the original lease changes this.
        Hence, unless there is an appropriate clause in your original AST your tenant is only LEGALLY required to give one months notice, thus what you have is a bonus.

        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

        Comment


          #5
          You probably cannot induce the tenant to agree to waive their legal rights concerning Notice periods if statute dictates otherwise. Even if the tenant agreed to this I doubt whether it would be upheld if challenged.
          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


            #6
            Originally posted by P.Pilcher View Post
            If no action is taken as the AST expires, a statutory periodic tenancy is automatically created which can run indefinitely. The terms and conditions are as stated in the original AST, except that the rent can be altered provided one months notice of a change is given and this is not done more than once in a 12 month period.
            What form does the notice have to be in? Would an email saying "a rent increase to xxx would be proposed." count?

            Originally posted by P.Pilcher View Post
            the tenant only needs to give one month's notice
            Does that notice have to end at the end of a period. I've read reams on this and am still not sure and it's doing my head in so I would be really grateful to know.
            ~~~~~

            Comment


              #7
              The rent increase is made under section 13 if the act. You are required to notify the tenant of what action they must take if they do not agree to the increase. A form is available from http://www.oyezformslink.co.uk which gives the correct wording.

              Whether a tenant's notice should end on a rent day is a moot point! I am happy to receive a month's notice expiring at any time. However, a landlord's notice MUST expire on a rent day or the tenant (who doesn't want to leave) has an excuse to declare the notice invalid and get another two months residence.

              P.P.
              Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

              Comment


                #8
                Originally posted by P.Pilcher View Post
                The rent increase is made under section 13 if the act. You are required to notify the tenant of what action they must take if they do not agree to the increase. A form is available from http://www.oyezformslink.co.uk which gives the correct wording.
                Thank you.

                Originally posted by P.Pilcher View Post
                Whether a tenant's notice should end on a rent day is a moot point! I am happy to receive a month's notice expiring at any time. However, a landlord's notice MUST expire on a rent day or the tenant (who doesn't want to leave) has an excuse to declare the notice invalid and get another two months residence.
                I'm clear on the landlord's notice it's the tenant's one I don't understand. Surely a tenant has the right to know what notice they should give? Are you saying there isn't a definitive answer in the case where the agreement doesn't mention tenant's notice? I asked the letting agent and they said it should be the end of a period but that doesn't seem to match what I've read on this forum and on the uk.legal newsgroup. The opinions seem to vary on the date and some even say the tenant doesn't need to give notice they can just up and leave at the end of a period!

                Where is the head bang smiley?
                ~~~~~

                Comment


                  #9
                  The law probably requires a tenant to give the same structure to their notice as the landlord - i.e. thay have to give one months notice which must end on a rent day. But who cares? What is a landlord going to do if the tenant gives a month's notice which doesn't end on a rent day, and to be correct they need to pay another two weeks rent? Are you going to persue them through the courts? Will it be cost effective to do so? The answer is almost certainly no, so most landlords disregard what the law says about the day on which a tenant's one month notice must end and happily accept a month's notice ending at any time. I even accept telephone calls!
                  On the other hand when a landlord wants a tenant to leave when the tenant does not want to then said tenant may well want to resist leaving for as long as possible. Now this is when the law may need to get involved, particularly as the landlord is required to give two month's notice, ending on a rent day. If the landlord fails to get it absolutely correct the judge will take great delight in throwing the case out and the LL has to start again from day 1, giving the tenant a further two month's notice. This is why landlords have to get it right every time and tenant's don't need to. After all you can start looking for a new tenant at any time, so provided you get a month's notice you aren't going to be more out of pocket than if the tenant served his notice absolutely correctly and is also a happy tenant.

                  P.P.
                  Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                  Comment


                    #10
                    Originally posted by P.Pilcher View Post
                    The law probably requires a tenant to give the same structure to their notice as the landlord - i.e. thay have to give one months notice which must end on a rent day. But who cares? What is a landlord going to do if the tenant gives a month's notice which doesn't end on a rent day, and to be correct they need to pay another two weeks rent? Are you going to persue them through the courts? Will it be cost effective to do so? The answer is almost certainly no, so most landlords disregard what the law says about the day on which a tenant's one month notice must end and happily accept a month's notice ending at any time. I even accept telephone calls!
                    Personally I insist on notice being on a rent day, because I always run my tenancies on a 1st of the month basis - ie, rent day is on the first. That makes life a bit easier for me hopefully because I know I can only expect to receive notice at around that time of the month, and other than that I'm 'safe' til next month! but mainly, it's because I reckon more tenants tend to change homes at the end/beginning of the month, so if I can get my letting advert in the first weekly paper of the month, that maximises the likely number of respondents. I agree with you that if anyone put their foot down and refused point-blank to go along with this, I'd agree and not chase them through court, but nobody has yet!

                    Comment


                      #11
                      Originally posted by P.Pilcher View Post
                      The law probably requires a tenant to give the same structure to their notice as the landlord - i.e. thay have to give one months notice which must end on a rent day.
                      Makes sense, but it doesn't seem to be in the legislation. Can anyone confirm if this really is the case?

                      Originally posted by P.Pilcher View Post
                      But who cares?
                      Tenants, me!

                      Originally posted by P.Pilcher View Post
                      What is a landlord going to do if the tenant gives a month's notice which doesn't end on a rent day, and to be correct they need to pay another two weeks rent? Are you going to persue them through the courts? Will it be cost effective to do so?
                      The agency acting for the landlord will retain the two weeks rent from the deposit leaving the tenant to either write off the money or indeed take court action.

                      Originally posted by P.Pilcher View Post
                      The answer is almost certainly no, so most landlords disregard what the law says about the day on which a tenant's one month notice must end and happily accept a month's notice ending at any time. I even accept telephone calls!
                      It's the agency I am dealing with. They are saying end of a period.

                      Originally posted by P.Pilcher View Post
                      This is why landlords have to get it right every time and tenant's don't need to.
                      They do, they have their deposit at stake.

                      Originally posted by P.Pilcher View Post
                      After all you can start looking for a new tenant at any time, so provided you get a month's notice you aren't going to be more out of pocket than if the tenant served his notice absolutely correctly and is also a happy tenant.
                      I see your point here, but as I said I'm dealing with the agency. The dates matter enormously in order to time taking on the new property correctly and to ensure I'm not having to pay double rent for an unexpected extra time. Having to stick to a rent day makes this much harder for a tenant unless the new landlord is willing to hold the property empty for the extra time needed.
                      ~~~~~

                      Comment


                        #12
                        Originally posted by Ericthelobster View Post
                        I agree with you that if anyone put their foot down and refused point-blank to go along with this, I'd agree and not chase them through court, but nobody has yet!
                        Yes, I'm not prepared to risk my deposit, so unless I can find a definitive answer then I'll have to rely on the new landlord holding the property empty for a few of extra weeks to wait for the end of the period for my current tenancy. Thing is if every tenant has to pay till the end of a period then it is more likely they will ask for this. If they can move on any day of the month then there will be less gaps for the next landlord. Swings and roundabouts for the landlords really.
                        ~~~~~

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