Confirmation notice has been received...

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    Confirmation notice has been received...

    Hopefully someone on here could clarify this for me...

    I'm looking to move to a new premises and when speaking to my agent today they weren't sure whether we were required to give one or two months notice.

    This is the extract from the tenancy agreement I original signed:-

    " Term For the term of SIX MONTHS commencing on 6TH JULY 2012 until 5TH JANUARY 2013 (inclusive).

    Upon expiry of the initial term of this tenancy agreement, it is agreed that the tenancy shall continue as a monthly periodic tenancy and the same terms and conditions of this Agreement shall apply.

    The tenancy agreement may be terminated after the initial fixed term period by either party giving to the other not less than two month’s notice in writing to expire at the end of a rent period. "

    I read this as after the initial six month period, unless we signed a new agreement, we automatically go on to monthly periodic tenancy (as we pay our rent monthly) therefore we're required to give one months notice. The second paragraph relating to if we wanted the contract to end at the end of the initial 6 month agreement we would have to give two months notice?

    Your thoughts would be very much welcomed...

    #2
    When you say 'premises' do you mean commercial premises? Or do you mean a home (ie a house or flat)?
    '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

    Comment


      #3
      Sorry I mean residential.

      Comment


        #4
        Originally posted by BWilliams View Post

        I read this as after the initial six month period, unless we signed a new agreement, we automatically go on to monthly periodic tenancy (as we pay our rent monthly) therefore we're required to give one months notice. The second paragraph relating to if we wanted the contract to end at the end of the initial 6 month agreement we would have to give two months notice?

        .
        You would not have to give 2 months notice to end the contract because it already has an end date, you would be able to walk away on or before the last day of the agreement, although you would be expected to pay for the full contracted period.

        If you go to a SPT then statute says you are required to give a full one month of notice to your landlord or your landlord must give you a full two months notice. Both of those periods must end on the last day of a tenancy period.

        Statute always trumps the clause in the contract
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


          #5
          Not sure that there would be a Statutory Periodic Tenancy since the agreement makes clear that the tenancy will continue as a periodic tenancy after the initial fixed term.
          If so, the term related to hiving 2 months notice will apply.

          Comment


            #6
            Thanks for your input.

            I guess what I'm really asking is the first paragraph seems to imply I will go on to SPT and the second paragraph seems to contradict it stating that I will go on CPT? What happens with such a contradiction?

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              #7
              I don't really see a contradiction.

              Comment


                #8
                Originally posted by BWilliams View Post
                Thanks for your input.

                I guess what I'm really asking is the first paragraph seems to imply I will go on to SPT and the second paragraph seems to contradict it stating that I will go on CPT? What happens with such a contradiction?
                I do not read the first paragraph in the same way as you.
                [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

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                  #9
                  I read that the first paragraph states at the expiry of the initial term it will continue as a monthly periodic tenancy. Given that I pay the rent monthly and this states its a monthly periodic tenancy, how can it be amended to two months?

                  Is it possible / legal to be on a monthly periodic tenancy renewable each month with a notice term of two months to end it?

                  Apologies if this has been done to death on the forum but every wording seems to be different and can be construed in different ways - I work in insurance and Marine contracts covering multiple international treaties seems to be less of a mine field AST's!

                  Comment


                    #10
                    The monthly periodic element refers to the tenancy periods for which you pay rent - ie 1 month at a time, and is not a reference to the period of notice required.

                    Yes it is possible to create a contractual periodic tenancy in the way you suggest... Whether or not the wording succeeds to do so is down to a court to decide if required!
                    [I]The opinions I give are simply my opinions and interpretations of what I have learnt, in numerous years as a property professional, I would not rely upon them without consulting with a paid advisor and providing them with all the relevant facts[I]

                    Comment


                      #11
                      Confirmation notice has been received...

                      Hopefully an easy question here -

                      Does the LA / LL have to confirm that they have received T's notice they intend to vacate property and they agree to the terms laid out in said letter within any specific time frame?

                      Thanks in advance.

                      Comment


                        #12
                        If the notice is valid then the LL/LA does not have to 'accept it', the only potential issue being whether the tenant can prove it was received at the address for the service of documents by a specific date.

                        If, on the other hand, you are offering to surrender the tenancy then a surrender is a 2-way agreement, you would need proof that the landlord or his agent has accepted your surrender. There is no timescale on that because they do not have to agree.

                        Comment


                          #13
                          If this is a notice to quit in a periodic tenancy then you need to say you wish to end the tenancy at notice expiry, not just that you 'intend to vacate'.

                          What 'terms' have you put in the letter?

                          Comment


                            #14
                            Two related threads have been merged.
                            I also post as Mars_Mug when not moderating

                            Comment


                              #15
                              The going advice seems to be:
                              Send the letter from two different post offices, and get the free proof of delivery. Don't use recorded delivery as the recipient doesn't have to accept delivery.

                              Given a reasonable period of time, and knowing the LA/LL is at the property i suspect it would be hard to argue non receipt of the letter. But I'm untrained so don't take my word for it.

                              Comment

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