0:02 AM, 22nd February 2023, About 3 years ago 23
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Hello, I’m hoping the Forum can help me. Bit of a different one as the advice needed is for a tenant rather than a landlord.
My niece has a periodic tenancy after the fixed term lapsed. In the initial contract, it had a break clause:
Break clause 7 months
it is agreed that 2 months notice in writing may be served after the 15th of June 2021 but before the 14th of July 2021 by either party to terminate this agreement after an initial period of 7 months to 14th of September 2021
As you can see, the initial agreement has long since ended. My niece wants to move out and would give the statutory 1 months notice, (usual with a periodic agreement, and in fact later in the initial agreement it states that a 1 months notice is required by the tenant) but the agent has stated she needs to give two months notice due to the break clause terms.
Do they override the statutory rules? To my mind it has no bearing as they have specified dates.
It seems baloney to me, but I’d be guided by better minds than mine on the forum.
Thanks in advance.
Dave
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Member Since June 2016 - Comments: 47
11:00 AM, 22nd February 2023, About 3 years ago
1 months notice is required by her..
RoseD
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Member Since September 2022 - Comments: 198
11:07 AM, 22nd February 2023, About 3 years ago
It’s the break clause that seems to be causing the confusion as 1 month’s notice is required in a normal situation. Refer back to the agent for defined clarification as they appear to have this incorrect.
homemaker
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Member Since August 2019 - Comments: 58
11:29 AM, 22nd February 2023, About 3 years ago
I agree with the previous comments. The break clause was not exercised at 7 months and as the tenancy is periodic the standard notice periods apply.
David Hagerty
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Member Since August 2015 - Comments: 6
11:52 AM, 22nd February 2023, About 3 years ago
Thanks for the feedback
Ray Davison
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Member Since July 2013 - Comments: 233
12:30 PM, 22nd February 2023, About 3 years ago
Remember, unless otherwise stated in the Tenancy Agreement, the usual One Months notice is actually a minimum of One months notice ending on the last day of a rent period.
So depending upon the timing of when the Landlord (Agent) receives the notice, it can be almost Two months. Check this is not the cause of the misunderstanding between your niece and the agent
shaun carter
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Member Since January 2023 - Comments: 15
13:22 PM, 22nd February 2023, About 3 years ago
Like all contracts, it the conditions you signed under. 1 month the norm, but if you agreed 2 months then that has to be .
The agent may refuse, but ask land lord if 1 month ok. Cant see why not as they want to sort and re rent ASAP.
Angel
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Member Since February 2023 - Comments: 13
13:23 PM, 22nd February 2023, About 3 years ago
Hi there,
The absolute minimum notice is one rental period (so if you relative pays rent monthly the minimum is one month notice, or if the rent is paid every four weekly the minimum is four weeks).
However, there are some situations where the contract has a ‘notice clause’ of longer than the minimum (for example, two months notice). Shelter explain when the longer notice applies in this link. There are occasions when the ‘notice clause’ applies and situations when it won’t.
Hope this helps. Shelter are housing legal experts and they have loads of useful info on their website.
https://england.shelter.org.uk/housing_advice/private_renting/ending_a_periodic_tenancy/how_much_notice
Cheers,
A
Ray Davison
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Member Since July 2013 - Comments: 233
13:34 PM, 22nd February 2023, About 3 years ago
Reply to the comment left by shaun carter at 22/02/2023 – 13:22
“Like all contracts, it the conditions you signed under. 1 month the norm, but if you agreed 2 months then that has to be ”
Actually this is not the case. If the Tenancy is an AST it cannot circumvent the Housing Act and any wording that attempts to do so is invalid. The Housing Act states ‘A minimum of One months notice ending on the last day of a rent period’ or words to that affect (I don’t have it in front of me at the moment). This in practice, can mean anything from one month to two months minus 1 day depending upon when the Landlord receives the notice (Not when it is dated).
RoseD
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Member Since September 2022 - Comments: 198
15:33 PM, 22nd February 2023, About 3 years ago
Looking at the reply comments you can completely understand why situations escalate out of all understanding.
Having already posted a comment I I have to confess to being utterly confused.
Probably best as already suggested to go back to the agent and get a thorough explanation as to their stance on the matter and make an informed decision based on that.
SimonR
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Member Since December 2018 - Comments: 95
15:40 PM, 22nd February 2023, About 3 years ago
Don’t just assume its a statutory periodic where yes one months notice is all that is required, your niece could be on a contractual periodic and the notice required is then dictated by what the agreement says.