Difficult tennants (but they could be right)

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  • Difficult tennants (but they could be right)

    I've had tennants in a property since Jan 06. They signed a year contract with a two month notice get out clause as it was agreed that the rent would increase after 6 months.

    They agreed an increase in rent when the renewal was agreed in December for this year. The new contract was sent to them in Feburary but they have never signed and returned it as they still wanted to have the two month get out clause. They've only requested this over the phone and I've never really given them an answer. Now they have sent in writing that as no contract has been agreed that they wish to give one months notice and will leave in June.

    Where do I stand with this?

  • #2
    Originally posted by co004 View Post
    I've had tennants in a property since Jan 06. They signed a year contract with a two month notice get out clause as it was agreed that the rent would increase after 6 months.

    They agreed an increase in rent when the renewal was agreed in December for this year. The new contract was sent to them in Feburary but they have never signed and returned it as they still wanted to have the two month get out clause. They've only requested this over the phone and I've never really given them an answer. Now they have sent in writing that as no contract has been agreed that they wish to give one months notice and will leave in June.

    Where do I stand with this?
    If tenancy began in January 2006, its fixed term expired in January 2007.
    Thereafter, T has a monthly periodic tenancy. There IS a contract- just not for a fixed term.
    T can therefore terminate at a month end, on one month notice to you.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      Thanks Jeffrey,

      I mis-worded a bit though. They have had a new 12 month contract sent to them this year but have not signed it because they wanted to have the 2 month get out clause that they had last year. Because they haven't signed it are they still just under a month to month rolling contract?

      Comment


      • #4
        Originally posted by co004 View Post
        Thanks Jeffrey,

        I mis-worded a bit though. They have had a new 12 month contract sent to them this year but have not signed it because they wanted to have the 2 month get out clause that they had last year. Because they haven't signed it are they still just under a month to month rolling contract?
        (10wordmin) Yes.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


        • #5
          Cheers for the advice, but...

          Originally posted by jeffrey View Post
          (10wordmin)
          What's that?

          Comment


          • #6
            Just that one cannot post "Yes" as an answer. There is a ten-word minimum!
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


            • #7
              Oh right, makes sense. Just never seen that before.

              One more thing. The tennant issued the one months notice today. They pay rent on the 1st of the month. Can I make them stay until the 1st of July? Or can they just pay me the extra couple of days rent and leave on the 3rd of June?

              Comment


              • #8
                Protection from Eviction Act 1977:

                5. Validity of notices to quit.
                — (1) no notice by a landlord or a tenant to quit any premises let (whether before or after the commencement of this Act) as a dwelling shall be valid unless—
                • (a) it is in writing and contains such information as may be prescribed, and
                • (b) it is given not less than 4 weeks before the date on which it is to take effect.


                Is is much easier to post when EXACT dates are given. What date EXACTLY did they take the tenancy in January 2006?

                In the Cadwallader case in 2000, the judge ruled that notice had to run to the end of each rent period.

                Thus, if the start date was 1st, then the end date for each period is the last day of the previous month. Take four weeks from 31 May, gives 3rd May. Thus if they gave notice in writing they are in time for leaving at the end of May.

                If they stay on into June, they have not vacated and so another rent period of one month starts. You may choose to release them or modify charging another full months rent, but that is down to your magnanimity not law.
                On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

                Comment


                • #9
                  4 weeks notice will not apply if the rent is paid pcm. If they wish to leave then the notice they have issued you with will expire on 30th June not 31st May.

                  Comment


                  • #10
                    Originally posted by Tweedle Dum View Post
                    4 weeks notice will not apply if the rent is paid pcm. If they wish to leave then the notice they have issued you with will expire on 30th June not 31st May.
                    As you state "if" the contract provides for the rent to be paid monthly, then monthly notice may well apply. The following link at Charles Russell discusses case law over recent years.

                    If there was no acceptable notice given, then it is 4 weeks from the end of the current tenancy period.
                    On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

                    Comment

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