Industry standard notice period

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    Industry standard notice period

    Hi,

    I'm currently looking to move into a rented property with my partner and we have been talking with a letting agent regarding the contract and notice period.

    They have offered the property with a the two following contact options:
    1. one year certain (no break clause)
    2. one year (mutual option to determine at six months or any time thereafter by giving two months’ prior notice)

    I have spoken with them at length and can gather that this means we can go for the the standard 6 months fixed term and then move onto a periodic tenancy after this.

    The problem for me is the two month notice period after the six month fixed term. I have rented from letting agencies for some years now and I have never been asked to agree to more than one month's notice after the initial fixed term.
    The letting agent insists that two months is the industry standard and will not reduce to one month.

    As the notice needs to be given in line with the day the rent is paid, I could possibly be liable to give almost 3 months notice if I needed to give notice shortly after the last rent payment.

    Could anyone tell me whether this is indeed the industry standard as the letting agent says?
    I don't want to turn down the property only to find that the notice period is 2 month's everywhere else!

    Sorry if I'm repeating a thread here, but I couldn't see anything that helped me within the FAQs or existing threads.

    Many thanks in advance

    Green523

    #2
    AST 12 month fixed term certain
    Valid 6 month break clause allows break clause activation written Notice at anytime after min duration (6 mo), subject to AST noice provisions, normally 2 months. If break clause is not activated by either Party, the fixed term remains IMO. A non-activated break clause does not confer an early SPT before expiration of fixed term. If T activated break clause by NTQ, then T would be vacated on expiry of NTQ reqd term. in this specific scenario IMO, if it were activated by LL, it would only create a SPT on expiry.

    Comment


      #3
      Option 2 is a one year with a break clause.
      If they are allowing you to leave after 6 months with a 2 months notice period, then they are within their rights to expect 2 months notice.

      After the year, you would only need to give a months notice expiring on a rent day.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        Hi both,

        Many thanks for the replies - it looks like both myself and possibly the letting agent misunderstood the terms...
        I will go back and ask if they would agree to a periodic tenancy with a one month notice period after the one year fixed term.

        In your experience, do you find it more common for letting agents and landlords to go for the contract I described above (1 year fixed term with break clause) or is the periodic tencancy (after initial fixed term) still widely used?
        I wouldn't be too keen on having to enter into 1 year fixed term contracts and would prefer the option of the periodic tenancy, but if this is the standard, then I may just have to go with it.
        This hasn't been my experience in the past, but things do change quite quickly.

        Many thanks,
        Green523

        Comment


          #5
          The solution you need is a 6 month fixed term. At the end of the 6 months you can leave without notice, or if you stay, the 1988 Housing Act gives you a periodic tenancy which requires a minimum of 1 months notice, expiring on the last day of a tenancy period.

          Many landlords prefer 6 months for a starter tenancy as it allows them to evict non-desirable tenants more speedily.

          Comment


            #6
            Originally posted by Green523 View Post
            I will go back and ask if they would agree to a periodic tenancy with a one month notice period after the one year fixed term.
            You mean like option 1?
            Allow tenants to protect their own deposits. I want free money when they do it wrong

            Comment


              #7
              Yes, like option 1, but I have a feeling that they would want me to sign up for another years fixed term, as opposed to letting it roll on.

              Many thanks for the advice.
              Green523

              Comment


                #8
                Originally posted by Green523 View Post
                Yes, like option 1, but I have a feeling that they would want me to sign up for another years fixed term, as opposed to letting it roll on.
                But they can't make you sign, and if you don't then a statutory periodic tenancy will occur. To be an agreement, you have to agree!

                Comment

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