change at end of AST

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

    change at end of AST

    I have a tenant on an AST of 6 months' term. He paid 6 months in advance and the AST described the rent as "£n for a 6 month period". It was not stated as a monthly period.
    He now wants to go over on to a rolling basis (he is house hunting, and not sure how long he needs) and both parties are happy with this.

    However, given that the initial rent was described as "6 months" rather than "£n per month", would that obliged me to give six months' notice if we go on to a SPT basis? Or, does theSPT one month tenant/two month landlord kick in for the next period?

    Thanks for any clarification.

    #2
    The 1 month and 2 month notices are still the same. The difference in your case is that the notices need to be for the end of a tenancy period. If the only reference to rent is that rent is £X for 6 months, payable in advance, then you can assume that your periods are 6 monthly. If you are in good terms with your tenant, you can always bypass it by signing a new agreement. It doesnt need to have a fixed term (or can have one of 1 month) and it can just start on the day the current fixed term ends and state that rent of £x is payable every month.
    All views posted reflect my personal opinion only and do not constitute professional advice which I am not qualified or knowledgeable enough to provide.

    Comment


      #3
      Yes, this would oblige you to give at least 6 month notice if you were to serve a s.21 notice. Similarly, unless you agree otherwise, your tenant will also have to give you 6 month notice.

      In addition depending on the exact wording your tenant may also in principle have to pay rent in advance for full 6 months period.

      You both may want to sign a new agreement to remedy this situation (in which case you may need to re-protect deposit)

      Comment


        #4
        If we issue a new agreement, wouldn't that need to be an AST for a further 6 months to be able to serve a s.21 notice? Neither of us would want to have six months' notice, though, as he wants the flexibility if he finds a house, and I'm happy with that.
        What does "re-protect" the deposit mean when the deposit is already held by the DPS?

        Comment


          #5
          No, it won't need to be a further 6 month agreement.
          My advice is not based on formal legal training but experience gained in 20+ years in the letting industry.

          Comment


            #6
            You can give an AST for just 1 month, which would SPT into a 1 month periodic. Mind you, the tenant has no obligation to agree to such an agreement - but I guess they too would not like to be restricted to giving notice at the end of a (6 month) tenancy period.

            Comment


              #7
              Once again we see the dangers of DIY drafting. It is not just that six month's notice must be given, but that the notice must expire at the end of a tenancy period. That means that up to almost a year's notice could be needed.

              Comment


                #8
                Both landlord and tenant can just agree to a mutual surrender at anytime if they really want to? The only problem occurs when one wants to stand their ground.
                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


                  #9
                  Originally posted by Paul_f View Post
                  The only problem occurs when one wants to stand their ground.
                  Precisely.

                  You need to take care when drafting that changing one thing it does not have a knock on effect elsewhere.

                  Comment


                    #10
                    "It is not just that six month's notice must be given, but that the notice must expire at the end of a tenancy period. "
                    Now I'm confused. Higher up the thread, MSaxp mentions that the 1m/2 month notice remain. I take that to mean, that 1/2 months notice are required but should coincide with the end the next 6 months period. Lawcruncher suggests 6 months' notice must be given.
                    Can these two views be reconciled, or is one wrong?

                    Comment


                      #11
                      Originally posted by Arborbridge View Post
                      Now I'm confused. Higher up the thread, MSaxp mentions that the 1m/2 month notice remain. I take that to mean, that 1/2 months notice are required but should coincide with the end the next 6 months period. Lawcruncher suggests 6 months' notice must be given.
                      Can these two views be reconciled, or is one wrong?
                      Neither I nor MSaxp got it wholly right.

                      The following is the correct position:

                      Tenant's notice

                      Subject to minimum notice period of four weeks, a tenant's notice to quit must expire at the end of a tenancy period and the period of notice must be at least equal to a period of the tenancy. Accordingly, in the case of a six monthly tenancy up to almost a year's notice could be needed as stated above.

                      Landlord's notice

                      A section 21(4) notice must expire on the last day of a tenancy period and the minimum period of notice is two months. So, if the tenancy is six monthly and the periods end on 30th June and 31st December:

                      (a) A notice expiring on 31st December may be given at any time on or before 31st October.

                      (b) A notice given after 31st October must expire on 30th June. Accordingly, if a landlord gets his timing wrong up to almost eight months' notice may be needed.

                      Comment

                      Latest Activity

                      Collapse

                      Working...
                      X