tenant moving out letter

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    #16
    Tenant notice alone is not sufficient. Deed may be!
    Unshackled by the chains of idle vanity, A modest manatee, that's me

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      #17
      Originally posted by islandgirl View Post
      Tenant notice alone is not sufficient. Deed may be!
      A T's NTQ in a periodic tenancy (or exercising a break clause during the fixed term) ends the tenancy at notice expiry, just as a Deed of Surrender would.

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        #18
        Correct in periodic, not during fixed term
        Unshackled by the chains of idle vanity, A modest manatee, that's me

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          #19
          Okay, lets assume periodic on the basis that tenant can't give notice to quit during the fixed term unless there is a break clause.

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            #20
            Originally posted by islandgirl View Post
            Correct in periodic, not during fixed term
            If T serves notice to quit under a break clause during the fixed term, this ends the term and the tenancy at notice expiry.

            HA1988

            Section 5 (2) If an assured tenancy which is a fixed term tenancy comes to an end otherwise than by virtue of—

            (a)an order of the court of the kind mentioned in subsection (1)(a) or (b) or any other order of the court, or

            (b) a surrender or other action on the part of the tenant,


            then, subject to section 7 and Chapter II below, the tenant shall be entitled to remain in possession of the dwelling-house let under that tenancy and, subject to subsection (4) below, his right to possession shall depend upon a periodic tenancy arising by virtue of this section.


            S.5(2)(b) applies when T serves NTQ under a break clause, therefore a periodic tenancy does not arise following notice expiry.

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              #21
              Don't disagree - my experience relates to fixed term of 12 mths with no break clause and a written notice of surrender from tenant who then changed his mind and said we would have to "throw him out" - which we did, of course, in the end!
              Unshackled by the chains of idle vanity, A modest manatee, that's me

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                #22
                Originally posted by islandgirl View Post
                Don't disagree - my experience relates to fixed term of 12 mths with no break clause and a written notice of surrender from tenant who then changed his mind and said we would have to "throw him out" - which we did, of course, in the end!
                If you agree, then why did you disagree when I said, in post #17, that a "T's NTQ in a periodic tenancy (or exercising a break clause during the fixed term) ends the tenancy at notice expiry'"?

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                  #23
                  Tell that cat not to look so startled. I didn't disagree with you - I said you were correct during the periodic but not fixed term. I didn't mention break clauses mainly because I don't like them and never use them so have no idea of the rules. Your previous post could have misled the OP into thinking that a standard written notice issued during the fixed term would remove the need to issue S8 or S21 (which it does not). If break clauses work then that's fine - I know nothing about them! Now tell that kitty to go and have a bowl of milk!
                  Unshackled by the chains of idle vanity, A modest manatee, that's me

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