One month from end of fixed term. Do I still need to give 2 months notice?

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    #16
    So bearing in mind the tenancy is 3 weeks to go to the end of the fixed period, can I give them 2 months notice or will it have to be the 3 weeks to the next rent day plus 2 months ?
    Where can I get template tenancy agreement with unambiguous wording that go from 6 month fixed period to statutory periodic thereafter ?

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      #17
      Originally posted by Pobinr View Post
      So bearing in mind the tenancy is 3 weeks to go to the end of the fixed period, can I give them 2 months notice or will it have to be the 3 weeks to the next rent day plus 2 months ?
      No. As explained above you could give 2 months' notice tomorrow to expire 'after April 16th'.
      Where can I get template tenancy agreement with unambiguous wording that go from 6 month fixed period to statutory periodic thereafter ?
      You don't need one. Unless your T moves out or signs a new fixed term AST, the tenancy will become SP automatically at the end of the fixed term.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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        #18
        Originally posted by Pobinr View Post
        So bearing in mind the tenancy is 3 weeks to go to the end of the fixed period, can I give them 2 months notice or will it have to be the 3 weeks to the next rent day plus 2 months ?
        As I said in post #8

        Originally posted by westminster View Post

        If you want to serve notice and apply for possession under s.21 Housing Act 1988, and you serve the notice during the fixed term, then the notice must be at least two months' long and the court expects the notice not to expire before the end of the fixed term.

        A notice served during a fixed term tenancy under s.21(1)(b) does not have to adhere to the requirements of a notice served under s.21(4)(a) - in other words, it does not have to expire at the end of a 'tenancy period' (of an as yet non-existent periodic tenancy).

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          #19
          Originally posted by Pobinr View Post
          Where can I get template tenancy agreement with unambiguous wording that go from 6 month fixed period to statutory periodic thereafter ?
          A statutory periodic tenancy arises, automatically, under statute (not under a contract) if a T is in occupation at fixed term expiry and no renewal fixed term contract has been agreed.

          The statute in question is s.5(3) Housing Act 1988. This sets out the terms of the statutory periodic tenancy which replaces an expired fixed term tenancy.

          http://www.legislation.gov.uk/ukpga/1988/50/section/5

          Comment


            #20
            Thank you for your answers Westminster.

            I have a sample S21 reads as follows;

            "NOTICE REQUIRING POSSESSION of a Dwelling House
            (England & Wales - Housing Act 1988 as amended by Housing Act 1996 – Section 21 Notice)
            I give you notice that I require possession of this
            dwelling house by virtue of: (delete statement (1) or (2) as appropriate)
            (1) Your Fixed-Term Assured Shorthold Tenancy - Housing Act 1988 section 21(1)b

            (2) Your Periodic Assured Shorthold Tenancy - Housing Act 1988 section 21(4)a"

            So which one should I delete ?

            Comment


              #21
              My head hurts.

              Refer Mad Regulators to Arkell vs Pressdram.

              Comment


                #22
                You have stated that the fixed term ends in 3 weeks, so you cross out the "Periodic" line.
                It is the date that the notice is deemed served that is important.
                Allow tenants to protect their own deposits. I want free money when they do it wrong

                Comment


                  #23
                  Originally posted by Pobinr View Post
                  I give you notice that I require possession of this
                  dwelling house by virtue of: (delete statement (1) or (2) as appropriate)
                  (1) Your Fixed-Term Assured Shorthold Tenancy - Housing Act 1988 section 21(1)b

                  (2) Your Periodic Assured Shorthold Tenancy - Housing Act 1988 section 21(4)a"
                  The fixed term expires 7th March 2013. Currently, there is no statutory periodic tenancy. It does not exist. It may never exist, if T vacates on 7th March.

                  Comment


                    #24
                    Originally posted by theartfullodger View Post
                    .....

                    Try a landlord course & get educated?

                    http://www.rla.org.uk/landlord/courses/course1.shtml


                    Lettings for Landlords

                    Objectives

                    The aim of this course is to explain to Landlords their obligations in relation to their tenants and any agents they use, and vice-versa.

                    Course Content

                    Lettings is a minefield and legal understanding of the main issues is important. This course deals with the main areas that affect Landlords. The main topics covered are –

                    Tenancy types – important if you are buying a property with a tenant in place.

                    The condition of your property. If it is not up to scratch you can be sued and /or prosecuted.

                    Inventories. This is the evidence you rely on if you need to deduct from the tenants deposit. Fail to carry out an adequate Inventory and you will lose your case.

                    Periodic and Final check out Inspections. Practical advice about what you can and should do.

                    Getting and vetting tenants.

                    Possession proceedings, Notices and completing court forms.

                    The Law on harassment and Unlawful Eviction. This is a minefield for Landlords. The law is weighted against you. Do not let the tenant lure you into an expensive trap.


                    Cheers!
                    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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