Notice period after fixed term of AST

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  • Bel
    replied
    http://www.landlordzone.co.uk/notice_to_quit.htm

    "The tenancy agreement cannot change these basic rules, 4 weeks being the minimum notice period. However, if the tenancy period is more than 4 weeks, for example, one month, then the notice period is one month."

    Question : Does this precedent come from a particular statute? Please point us in the right direction

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  • attilathelandlord
    replied
    After the end of the fixed term the tenant only has to give one month's notice ending on last day of a rental period.

    It's like writing a contract for murder, just because two parties write a contract and sign, doesn't make it legal!

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  • Paragon
    replied
    If the original contract says two months, then so be it!! Periodic is a roll on of the original obligations, unless mutually altered.

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  • davonvw
    replied
    Great. I had finally accepted the fact that 1 month's notice is all that is required when one of my landlord friends phones me last night and says he has confirmation from his Landlord's association that if it says 2 months in the contract, then its 2 month's notice that's required. So although i do understand English (Paul_f), I am getting 2 various English truths all the time.

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  • PaulF
    replied
    If I was 100% right each time I'd be a lawyer! Then again perhaps not!

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  • jeffrey
    replied
    Originally posted by Paul_f View Post
    No, No, No! As you have a statutory periodic tenancy no matter what the landlord wants to think, you only have to serve a minimum one month's Notice to end the tenancy but it must be at the end of a rental period. Remember your statutory rights are not affected just because the landlord thinks that he can hold you to two months' Notice.

    Parties can mutually agree to remove any clauses from the auspices of the Housing Act 1988 providing it doesn't interfere with the tenant's statutory (therefore, lawful) rights to end the tenancy.
    Paul_f is right, as [nearly] always. The two month thing only applies within a tenancy period so it can't span two @ one month each.

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  • davonvw
    replied
    Haha. Yes I do. Thanks.

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  • PaulF
    replied
    Err.....don't you understand English?

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  • davonvw
    replied
    Thanks for that! it has really been confusing. So to conclude, it is not possible to enfore a 2 month notice period upon a tenant after the initial fixed term of an AST - irrespective of the explicit terms of the agreement?

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  • PaulF
    replied
    No, No, No! As you have a statutory periodic tenancy no matter what the landlord wants to think, you only have to serve a minimum one month's Notice to end the tenancy but it must be at the end of a rental period. Remember your statutory rights are not affected just because the landlord thinks that he can hold you to two months' Notice.

    Parties can mutually agree to remove any clauses from the auspices of the Housing Act 1988 providing it doesn't interfere with the tenant's statutory (therefore, lawful) rights to end the tenancy.

    Leave a comment:


  • davonvw
    replied
    So in essence, we have an indefinite AST - and will be in a constant 6 month fixed term every six months..... indefinitely? Does that make any sense?

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  • Bel
    replied
    From "landlord and tenant law" by Wilkie, etc.

    It states that at common law, the notice period is that of a rent period; ie a month, but says that parties can contractually opt out of this as long as the agreement is clear and explicit about this.

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  • davonvw
    replied
    Is there anyone out there who can give me a definitive answer? I spoke to Shelter just now and they say that it is definitely 1 month notice, irrespective of the terms of the agreement which imposes a 2 month notice after the fixed term.

    Leave a comment:


  • davonvw
    replied
    Aha. I understand what you are saying now. But if my addendum does not state a new fixed term, it is surely invalid to insist on a 2 month notice since it would default to a periodic tenancy?

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  • Paragon
    replied
    The addendum has a new fixed term. It then merely confirms that the original contractual terms remain in force to include the two months notice by tenants. My agents created the addendum, but haven't charged me for it, so not sure why it was considered better than just allowing the tenants to remain on a periodic. Maybe it is just a way of creating more paper trail that the tenants and LL both agree to the original terms especially the two month notice by tenant.

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