Notice To End Fixed Term

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #31
    Originally posted by ABC123 View Post
    Some current tenants are a group of four who have been at the property for several years and have always renewed the tenancy every 6 months (their preference rather than leaving it run into a SPT) but this time they can't decide - some want to stay, another wants to move nearer to her new job, then changes her mind, then changes it back, then...etc, etc. It has made it difficult knowing whether to advertise for new tenants or not (I did, but then they didn't want me to show anyone round as they may decide to stay). Today one has told me she is 'almost definitely' leaving IF she can find a suitable place to move to.
    Is this a joint and several tenancy, because that operates "differently" in practice.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #32
      Originally posted by jpkeates View Post
      In the second type of agreement, rent would be due in lieu of notice, there is no obligation to mitigate in land law as there is in contract - so, if two month's notice were required, it would be (pretty much) the same position as a tenant leaving 2 months before a fixed term ended.
      No. If a tenant is required to serve notice to end the tenancy then the landlord is entitled to consider that the tenancy is continuing until a valid notice is served.

      Comment


        #33
        Originally posted by jjlandlord View Post
        No. If a tenant is required to serve notice to end the tenancy then the landlord is entitled to consider that the tenancy is continuing until a valid notice is served.
        Yes, that's more precise.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #34
          Originally posted by jpkeates View Post
          Is this a joint and several tenancy, because that operates "differently" in practice.
          Yes, it is but they have been clear that if one moves out then they all will.

          Comment


            #35
            Originally posted by mk1fan View Post
            The LL and the T are given notice upon signing of the contract that there is an end date. Frankly, it is a very poorly run business by a LL if a, they don't understand some simple principles of contract law and b, can't be bothered to ask a T what their plans are as the end date of the contract.
            Originally posted by mk1fan View Post
            Right I'll try and be clear and keep it simple.
            House is let to three people under a single, joint AST due to run out the end of September.
            House will, at some point, require some non-urgent works that will require the house to be vacated. I feel that March next year is really the latest that these works can be left untill.
            The house has been in continual let (new AST each year) for seven years although only one of the original tenants remains.
            Upon expiry this year I suspect that one of the tenants will wish to leave although this may not be until November. However the other two wish to remain.
            My query regards if the remaining tenants find a replacement (rather than paying extra rent).
            In order to carryout the works in March (let us assume that the tenants agree to leave and no possesion order is required) then allowing the tenancy to default onto a statutory periodic tenancy would seem the ideal solution.
            However, would this still work if a new tenant came in during November?
            Originally posted by mk1fan View Post
            Taking in a Lodger does seem to be the answer from my point of view but I can't see the tenants agreeing to the responsibility!
            Now what was it you said mk1fan? Oh yes: " Frankly, it is a very poorly run business by a LL if a, they don't understand some simple principles of contract law and b, can't be bothered to ask a T what their plans are as the end date of the contract"

            Comment

            Latest Activity

            Collapse

            Working...
            X