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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have now dug out the last years contract which ran out in

Resolved Question:

I have now dug out the last year's contract which ran out in June this year. We were tied in to a three month notice period during that year but as it has now lapsed and we have not signed the new contract, from your advice I think we now only have to give one month's notice. The thing bothering me is the following clause:

"Should the Tenant remain in possession of the Property with the consent of the Landlord after the natural expiration of this Agreement, a new tenancy from month to month will be created between the Landlord and the Tenant which will be subject to all the terms and conditions of this Agreement but will be terminable upon the Landlord giving the Tenant required under the Act."

Can you tell me whether this clause binds us to the three month notice period of the last contract?

Many thanks.
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Were you required in the agreement to give three months notice to vacate the property when the fixed term finished?


Tom

Customer: replied 4 years ago.

That's a good question. The agreement doesn't say about that so far as I can see. It says that:

The term of the Agreement is for one year to coomence at...

 

Upon the greater of 3 months notice and any notice required under the Act, the landlord may terminate the tenancy under this agreement without cause or reason.

 

Upon the greater of 3 months notice and any notice required under the Act, the tenant may terminate the tenancy under this agreement without cause or reason.

 

Should the Tenant remain in possession of the Property with the consent of the landlord after the natural expiration of the Agreement, a new tenancy from month to month will becreated betweenthe Landlord andthe Tenant which will be subject to all the terms and conditions of this Agreement but will be terminable upon the landlord giving the tenant the notice under the Act.

 

Elsewhere it says...

 

Severability:

If there is a conflict between any provision of this Agreement and the Act, the Act will prevail and such provisions of the Agreement wlll be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.

Expert:  Thomas replied 4 years ago.

...and what was the annual rent?

 

Was there just one agreement that all tenants were named on and signed or were there individual agreements and each tenant signed their own copy.

 

Tom

Customer: replied 4 years ago.

There was just one agreement which both myself and my partner signed. (Although the new contract that our landlord wants us to sign includes our 1 year old son and asks for his signature!)

 

The annual rent is 12 x £1,172. (So, under the £25,000)

Expert:  Thomas replied 4 years ago.

The tenancy will be an assured shorthold tenancy agreement unless you received a specific notice stating it was not to be an AST before you entered the property.

You need not have given any notice to vacate at the end of the term regardless of what is stated in the agreement itself.


If you have continued in occupation after the fixed term has expired then you are required to given one months notice with such notice to expire on the final day of a rent period, again this is regardless of what is stated in the contract.


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Kind regards,

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6647
Experience: BA (Hons), PgDip, Practising Solicitor
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