I would be really grateful if anyone could advise.

My boyfriend currently rents but is planning on moving in with me before
Christmas. Having previously rented myself, I assumed he would just need to
give a month's notice like I did.

However we've been looking at his tenancy agreement and now I'm not so sure.
He's been in his place for a few years, and it turns out that he has been
signing up to a 12 month AST each year (and has been charged for the
privilege each time!). I would have let it go to a periodic tenancy, but I
don't think he was aware this was an option.

So the agreement says that the term is 12 months, and rent is to be paid
each month until the end of the term, subject to any special tenancy
conditions. So I thought this meant he would have to stay until the end of
the term.

But under Special Tenancy Conditions it says:

"Notwithstanding the provisions of the agreement relating to the term of the
tenancy, it is agreed that if the tenant wishes to vacate the property, he
may give not less than one months notice in writing to terminate the tenancy
at any time after the commencement of the fixed term. Any termination in
accordance with this clause shall not prejudice any claim of either party
against the other in respect of any breach of the provisions of this
agreement."

So, I would take this to mean that he can in fact give a month's notice at
any time, regardless of how long remains on the term? And if he did so, he
would not be liable for any further rent?

I am really confused though, because if this is the case, what is the point
of having a fixed term agreement in the first place??

Is this normal for a fixed term AST?

"Notwithstanding the provisions of the agreement relating to the term
of the tenancy, it is agreed that if the tenant wishes to vacate the
property, he may give not less than one months notice in writing to
terminate the tenancy at any time after the commencement of the fixed
term. Any termination in accordance with this clause shall not
prejudice any claim of either party against the other in respect of
any breach of the provisions of this agreement."

So, I would take this to mean that he can in fact give a month's
notice at any time, regardless of how long remains on the term? And
if he did so, he would not be liable for any further rent?

I am really confused though, because if this is the case, what is the
point of having a fixed term agreement in the first place??

Is this normal for a fixed term AST?

It's certainly not normal. Does it really say 'commencement' not
'termination'? I think that someone has messed up badly.

On 3 Oct, 13:40, "Snuggles" wrote:
I would be really grateful if anyone could advise.

My boyfriend currently rents but is planning on moving in with me before
Christmas. Having previously rented myself, I assumed he would just need to
give a month's notice like I did.

However we've been looking at his tenancy agreement and now I'm not so sure.
He's been in his place for a few years, and it turns out that he has been
signing up to a 12 month AST each year (and has been charged for the
privilege each time!). I would have let it go to a periodic tenancy, but I
don't think he was aware this was an option.

So the agreement says that the term is 12 months, and rent is to be paid
each month until the end of the term, subject to any special tenancy
conditions. So I thought this meant he would have to stay until the end of
the term.

But under Special Tenancy Conditions it says:

"Notwithstanding the provisions of the agreement relating to the term of the
tenancy, it is agreed that if the tenant wishes to vacate the property, he
may give not less than one months notice in writing to terminate the tenancy
at any time after the commencement of the fixed term. Any termination in
accordance with this clause shall not prejudice any claim of either party
against the other in respect of any breach of the provisions of this
agreement."

So, I would take this to mean that he can in fact give a month's notice at
any time, regardless of how long remains on the term? And if he did so, he
would not be liable for any further rent?

I am really confused though, because if this is the case, what is the point
of having a fixed term agreement in the first place??

Is this normal for a fixed term AST?


I recently had a similar thing with my (ex)landlord.
He was saying that I had to stay for another 6 months when (or pay
lots of money) when I gave two months notice.
Strangely enough they backed down very quickly when I started talking
to a solicitor.
Wonder if it's the same agency - begins with a P......

"GB" wrote in message
...

"Notwithstanding the provisions of the agreement relating to the term
of the tenancy, it is agreed that if the tenant wishes to vacate the
property, he may give not less than one months notice in writing to
terminate the tenancy at any time after the commencement of the fixed
term. Any termination in accordance with this clause shall not
prejudice any claim of either party against the other in respect of
any breach of the provisions of this agreement."

So, I would take this to mean that he can in fact give a month's
notice at any time, regardless of how long remains on the term? And
if he did so, he would not be liable for any further rent?

I am really confused though, because if this is the case, what is the
point of having a fixed term agreement in the first place??

Is this normal for a fixed term AST?

It's certainly not normal. Does it really say 'commencement' not
'termination'? I think that someone has messed up badly.


It definitely says commencement. It also says the landlord can end the fixed
term agreement early by giving two months notice. It seems to me that the
letting agent has been charging my boyfriend a fee every 12 months to sign
paperwork which gives him just the same rights as he would have if he had
just let the tenancy become periodic.

On Fri, 3 Oct 2008 13:40:09 +0100, "Snuggles"
wrote:

I would be really grateful if anyone could advise.

My boyfriend currently rents but is planning on moving in with me before
Christmas. Having previously rented myself, I assumed he would just need to
give a month's notice like I did.

However we've been looking at his tenancy agreement and now I'm not so sure.
He's been in his place for a few years, and it turns out that he has been
signing up to a 12 month AST each year (and has been charged for the
privilege each time!). I would have let it go to a periodic tenancy, but I
don't think he was aware this was an option.

So the agreement says that the term is 12 months, and rent is to be paid
each month until the end of the term, subject to any special tenancy
conditions. So I thought this meant he would have to stay until the end of
the term.

But under Special Tenancy Conditions it says:

"Notwithstanding the provisions of the agreement relating to the term of the
tenancy, it is agreed that if the tenant wishes to vacate the property, he
may give not less than one months notice in writing to terminate the tenancy
at any time after the commencement of the fixed term. Any termination in
accordance with this clause shall not prejudice any claim of either party
against the other in respect of any breach of the provisions of this
agreement."

So, I would take this to mean that he can in fact give a month's notice at
any time, regardless of how long remains on the term? And if he did so, he
would not be liable for any further rent?

I am really confused though, because if this is the case, what is the point
of having a fixed term agreement in the first place??

Is this normal for a fixed term AST?

It's not uncommon for ASTs to have a 'break clause' allowing either
party to terminate the tenancy with notice of a month or two.

You still have to sign a new one every 6 or 12 months to allow for
changes in rent and conditions.

On 3 Oct, 20:25, IanAl wrote:


You still have to sign a new one every 6 or 12 months to allow for
changes in rent and conditions.

Not so. Have a read of the Housing Act 1988.

Francis

On Sat, 4 Oct 2008 11:55:04 +0100, "
wrote:

On 3 Oct, 20:25, IanAl wrote:


You still have to sign a new one every 6 or 12 months to allow for
changes in rent and conditions.

Not so. Have a read of the Housing Act 1988.

I didn't mean legally obliged to, just that the landlord/agent might
require it.

On Sat, 04 Oct 2008 13:30:11 +0100, IanAl wrote:

On Sat, 4 Oct 2008 11:55:04 +0100, "
wrote:

On 3 Oct, 20:25, IanAl wrote:


You still have to sign a new one every 6 or 12 months to allow for
changes in rent and conditions.

Not so. Have a read of the Housing Act 1988.

I didn't mean legally obliged to, just that the landlord/agent might
require it.

I was told by my last (very good) agent when I queried not having to do
this that re-signing every 6 or 12 months is a common way to extract more
money from you. Sadly I've moved away from the area they cover now...

On 2008-10-04, PCPaul wrote:
I didn't mean legally obliged to, just that the landlord/agent might
require it.

I was told by my last (very good) agent when I queried not having to do
this that re-signing every 6 or 12 months is a common way to extract more
money from you. Sadly I've moved away from the area they cover now...

In my experience it is an absolutely universal practice.

PCPaul writes:

I was told by my last (very good) agent when I queried not having to do
this that re-signing every 6 or 12 months is a common way to extract more
money from you. Sadly I've moved away from the area they cover now...

It also takes away the tenants' flexibility to choose when they want
to move out.

Matthew

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