Notice dates and OpenRent AST

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    Notice dates and OpenRent AST

    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
    England

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
    Sole tenant

    Q3 – What date did current TA start dd/mm/yy?
    15th March

    Q4 – How long was initial fixed term (6/12/24 months / other)?
    12 months

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
    Due monthly on the 15th

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
    Deposit paid to DPS on 17th March 2016

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).
    Not yet sent

    Q8 – Does the landlord live in the same property as the tenant?
    No

    -----------------------------------------------------------------------------------------

    I have a tenant on an OpenRent AST with an initial fixed term of 12 months starting 15th March 2016.
    I now want the tenant to leave at the end of the fixed term and need to serve the correct notice. I was going to give them longer than the minimum 2 months notice but on checking the AST I found the following:

    "Any time after ten months of the initial fixed Term of this tenancy (or after a similar period following a fixed Term extension to the original tenancy) either party may invoke this break clause by providing a minimum of two months written notice to the other (such notice to expire on the last day of a rental period of the tenancy)."
    Does this mean I cannot give notice until 15th January 2017 and can only give them exactly 2 months notice?
    Is it ever possible to get a tenant to leave exactly at the end of a fixed period or does it always have to run on for a few days/weeks?
    This is a problem tenant and I want them out as soon as possible, I also believe they will try and dispute the notice so I need to get it exactly right.

    #2
    If this agreement indeed creates a 12 month fixed term tenancy then this break clause is completely useless. If so I would question the quality of the document...

    Comment


      #3
      Originally posted by jjlandlord View Post
      If this agreement indeed creates a 12 month fixed term tenancy then this break clause is completely useless. If so I would question the quality of the document...
      This is the standard OpenRent AST, they seem pretty sure of its quality!:
      "The OpenRent AST draws on industry best practice... - it’s broad reaching, protects the interests of both landlords and tenants, and is currently in force in thousands of tenancies across the country."

      Link: OpenRent sample AST in PDF format

      Comment


        #4
        "The OpenRent AST draws on industry best practice... - it’s broad reaching, protects the interests of both landlords and tenants, and is currently in force in thousands of tenancies across the country." and includes an useless break clause

        I would just ignore that clause since it is useless and proceed as usual if you want to evict the tenant.

        Comment


          #5
          I think you need to send this s21 notice: https://www.gov.uk/government/upload...n_property.pdf

          (Two copies by ordinary post from two post offices with free proof of posting obtained.)

          Comment


            #6
            Originally posted by fraserlang View Post
            "The OpenRent AST draws on industry best practice..."
            <-- That about sums up that "break clause".

            Just serve a s21 on Form 6A to expire at least 2 months after service, and on or after end of fixed term. If tenant stays after that, you will need to go to court for possession order and then eviction.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              tenant may vacate on last day of fixed term with no Notice. If LL serves valid s21 to expire 2 rental periods later , with an expiry date after end of fixed term, he can initiate repo proceedings on that date, but not before.
              All this assumes a valid s21 and deposit was duly protected in an Approved Scheme & PI provided within 30 days of deposit receipt.
              Only way for LL to get tenant out during fixed term is accepting invalid ntq or bribery.

              Comment


                #8
                Hi all,

                Thought I would jump in to see if I can clarify a couple of things.

                When you use our Rent Now service we generate a contract for you and this is based on our standard AST clauses as well as the key details of the tenancy and the property. Most landlords choose to use these standard terms only, however those who wish to add custom clauses or amend the details can do so.

                In particular, landlords are free to change the duration of the break clause or remove it entirely - from what @fraserlang has described above it sounds like in this case the break clause has been set at 10 months (ie meaning it can be used to regain possession from 12 months onwards).

                As has been pointed out, where a fixed term is 12 months and a break clause of 10 months is added, the break clause doesn't add any extra functionality or rights to the contract. However as something that's been expressly requested by the landlord and then agreed to by the tenants, including this clause is something we're happy to support. It's worth noting that a redundant break clause like this doesn't have any negative impact either.

                In any case if looking to regain possession in a situation like this then serving Section 21 notice is likely the most robust way of doing so. Especially if you are not on good terms with the tenants and you suspect they may dispute the notice and jump on any mis-steps, I would recommend taking legal advice to make sure this is handled correctly.

                If you have any questions about our AST or how our service works more broadly, please do feel free to drop us an email info@openrent.co.uk and the team will be happy to help.

                Adam

                Comment


                  #9
                  Any suggestions for the meaning of .."..industry best practice..."... in the context??
                  "The ........ AST draws on industry best practice...."
                  "Best" from who's/what's point of view, one speculates...
                  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...

                  Comment


                    #10
                    There is nothing to stop you writing to the tenant today, in an informal manner, to state that you will not be renewing the tenancy, as you have plans for the house, and you need it vacant on 15th March 2016.
                    and their contact ends on the 14th.
                    And the required documents to support this will be given to him / her nearer the time.
                    Adding that it is best they know that the contract will end on the 14th, to give them ample time to find alternative accommodation.

                    That way, the tenant is aware you need the property back, and will not be surprised when the official documentation arrives, 2 months and 3 days through the letterbox prior to end of contract.

                    Comment

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