Agent requesting 2 months notice on a periodic tenancy?

Agent requesting 2 months notice on a periodic tenancy?

0:02 AM, 22nd February 2023, About A year 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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Comments

Crossed_Swords

11:28 AM, 23rd February 2023, About A year ago

Reply to the comment left by Cadaceus WHACKWALLOP at 23/02/2023 - 09:18
It can, the statute only applies when there is no contract - see Shelter and Gov.uk websites, both confirm this

DPT

12:14 PM, 23rd February 2023, About A year ago

Reply to the comment left by Lorraine Mansfield at 23/02/2023 - 09:14
A tenant is not able to serve a valid notice during the fixed term of a tenancy unless the agreement specifically allows it. Therefore your tenants notice was of no effect. If it was a fixed term tenancy with no contractual continuation then as stated by others, they can leave without notice at the end of the fixed term. If they've now said they want to stay on then it is normally best for the landlord to just allow the tenancy to become periodic. The agent has a pecuniary interest in trying to persuade you otherwise.

Randonneur

8:19 AM, 25th February 2023, About A year ago

There seems to be confusion here.
For the first six months the earliest you can move is after 6 months having given a notice of one month, ie on month 5.
After 6 months notice it is a month by the tenant. It can be given at any time. The tenant can leave earlier if agreed by both parties. The tenant can leave immediately but could then loose up to 1 months rent, because if the landlord gets a new tenant within the notice period they can't keep both rents.
The two months notice is when the Landlord wants possession.

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