Assured Shorthold Tenancy.

DavidNW · 7th December 2011, 17:11

Hello, all.

Anyone know about periods of notice required to be given by tenants covered by the Assured Shorthold Tenancy?

My partner has a house she rents out and has recently given the tenant a new tenancy agreement to run from 24/11/2011 to 24/03/2012 - which the tenant has signed and sent back.

The tenant (today) has said that she is going to give one month's notice to leave, and that she has taken advice from the C.A.B & this is 'the law'.

I have browsed the Net this afternoon to find out if this is indeed correct, but without any clarity.

I'm thinking the tenant would be bound to stick to the agreement and stay until the end of it, or pay rent to cover it.

If anyone can shed any light on the issue, I would be delighted to read the comments.

Many thanks,

David.

P.S

And I still love my Rover 75 as much as I did when I bought it 2 years ago!!

Poppy · 7th December 2011, 17:57

Quote:

Originally Posted by DavidNW

Hello, all.

Anyone know about periods of notice required to be given by tenants covered by the Assured Shorthold Tenancy?

My partner has a house she rents out and has recently given the tenant a new tenancy agreement to run from 24/11/2011 to 24/03/2012 - which the tenant has signed and sent back.

The tenant (today) has said that she is going to give one month's notice to leave, and that she has taken advice from the C.A.B & this is 'the law'.

I have browsed the Net this afternoon to find out if this is indeed correct, but without any clarity.

I'm thinking the tenant would be bound to stick to the agreement and stay until the end of it, or pay rent to cover it.

If anyone can shed any light on the issue, I would be delighted to read the comments.

Many thanks,

David.

P.S

And I still love my Rover 75 as much as I did when I bought it 2 years ago!!

Hiya. Yes the one month notice is correct, but i was under the impression that you had to honour the contract and pay the surplus... Maybe wrong..??

DavidNW · 7th December 2011, 18:00

Quote:

Originally Posted by Poppy

Hiya. Yes the one month notice is correct, but i was under the impression that you had to honour the contract and pay the surplus... Maybe wrong..??

Yes, I thought this also. It's certainely the case with a property I rent out.

Poppy · 7th December 2011, 18:39

Hi again.... I have just been thinking about this....Not so sure of my first answer now...The contract of tenancy is for that fixed period.....Either way, either party can choose not to renew at the end of it..... There would be no point of having a month's notice if it could not be exercised would it..?? The month's notice is to give the landlord notice and to enable him time to rent the property out at the end of it....

DavidNW · 7th December 2011, 19:02

Quote:

Originally Posted by Poppy

Hi again.... I have just been thinking about this....Not so sure of my first answer now...The contract of tenancy is for that fixed period.....Either way, either party can choose not to renew at the end of it..... There would be no point of having a month's notice if it could not be exercised would it..?? The month's notice is to give the landlord notice and to enable him time to rent the property out at the end of it....

Agreed. The tenant, is this case, has recently signed a tenancy agreement which takes her through until 24/03/2012. She wants to give one month's notice to leave. I'm thinking, rightly or wrongly, that she should give one month's notice from the end of the tenancy agreement - which in this case, the tenancy agreement ends on the 24/03/2012 - so, she needs to give a month's notice from 24/02/2012. However, as stated earlier, she wants to go one month from now. I think this breaches the tenancy agreement.

Poppy · 7th December 2011, 19:03

Hm, It is a bit unclear to the uninitiated isn't it....

Ending a tenancy agreement in the middle of the terms
It both parties agree to terminating the agreement, they can legally do so. This is called ‘surrender’. There are two ways that surrender of a tenancy can occur: by “operation of the law” or by a “declaration of surrender

For a surrender to be legal, both parties must agree. It’s advised for everything that has been agreed to be writen down so everyone knows where they stand. If a joint tenancy is in place, all the joint tenants and the landlord must agree to the surrender.

Now, on that premise..... You do have an agreement with the tenant for the fixed period....Is the month notice intended to be given to end this fixed term only..??

Poppy · 7th December 2011, 19:05

Quote:

Originally Posted by DavidNW

Agreed. The tenant, is this case, has recently signed a tenancy agreement which takes her through until 24/03/2012. She wants to give one month's notice to leave. I'm thinking, rightly or wrongly, that she should give one month's notice from the end of the tenancy agreement - which in this case, the tenancy agreement ends on the 24/03/2012 - so, she needs to give a month's notice from 24/02/2012. However, as stated earlier, she wants to go one month from now. I think this breaches the tenancy agreement.

Crossed posts.. lol. I am not sure, i think it may mean that they can give you a month's notice before the fixed tenancy is due to expire.... Surely there must be some on here who will know for sure..??

Poppy · 7th December 2011, 19:14

Hi again.......I have found this...Maybe have a good read through on this site..
http://www.landlordzohttp://www.land....php/t-38.html

04-03-2006, 13:03 PM
I always give the right 6 Months AST agreement, but i can't do it in this case .
One thing that caught my attention when the environmental officer came to inspect my previous house to have the fire doors etc... fitted, was that if i do not give any agreement, i am okay with it and not bounded by any contract .
I think it is very simple and of course understandable people should not create any trouble .

I am wondering what is the best way to be right by law, and have a quick eviction in case somebody plays stupid and don't want to move when the time comes.
When a tenancy of six months expires, the tenancy then runs month by month, and only one month notice needs to be given to the tenants to move out, right ?
Why is it that i cannot establish a tenancy agreement that runs month by month from the beginning ?
Don't mean to be stubborn, i am trying to understand, but if it's too much risk i'd rather keep it empty.
Thank you

wraymond · 7th December 2011, 19:34

I held a tenancy on a commercial property for my business. Term was for 1 year, renewable annually, but subject to a 'break' clause allowing one month's notice to be given by me at no penalty. I held the tenancy for 11 years before giving notice. All went okay until the 'exit inspection'. He tried everything he knew to keep my 3 months deposit and only the intervention of the Estate Management Agency that was acting for him made him pull his horns in! The Agency threatened him with ruining his local reputation with all other agencies. A good and unexpected ally to have.

shadowfax · 7th December 2011, 19:35

If the tenant has a fixed term tenancy but wants to move out before the end of the term, he or she can only do so if you agree or if this is allowed for by a “break clause” in the tenancy agreement and the tenant has followed any requirements for giving notice specified in the tenancy agreement.
If the agreement does not allow the tenant to leave early and you do not agree that he or she can break the agreement, the tenant will be contractually obliged to pay you the rent for the entire length of the fixed term. You should ensure that the tenant has the same opportunities as you to end the tenancy agreement.
If the tenancy has no fixed term, the tenant must give you notice in writing of his or her intention to leave. He or she must give at least four weeks’ notice where rent is paid on a weekly basis and at least a month’s notice where rent is paid on a monthly basis.

Have a look at full article
http://www.communities.gov.uk/public...suredlandlords

Hope this is ok

7th December 2011, 17:11	#1
DavidNW Loves to post Rover 75 Club 1.8, 2001, royal blue, owned by im up norf. Join Date: Oct 2009 Location: Clitheroe, Lancashire. Posts: 457 Thanks: 26 Thanked 5 Times in 5 Posts	Assured Shorthold Tenancy. Hello, all. Anyone know about periods of notice required to be given by tenants covered by the Assured Shorthold Tenancy? My partner has a house she rents out and has recently given the tenant a new tenancy agreement to run from 24/11/2011 to 24/03/2012 - which the tenant has signed and sent back. The tenant (today) has said that she is going to give one month's notice to leave, and that she has taken advice from the C.A.B & this is 'the law'. I have browsed the Net this afternoon to find out if this is indeed correct, but without any clarity. I'm thinking the tenant would be bound to stick to the agreement and stay until the end of it, or pay rent to cover it. If anyone can shed any light on the issue, I would be delighted to read the comments. Many thanks, David. P.S And I still love my Rover 75 as much as I did when I bought it 2 years ago!!

7th December 2011, 19:35	#10
shadowfax Gets stuck in 75 Auto connie B R G Join Date: Oct 2011 Location: Bicknacre , Essex Posts: 518 Thanks: 20 Thanked 4 Times in 4 Posts	If the tenant has a fixed term tenancy but wants to move out before the end of the term, he or she can only do so if you agree or if this is allowed for by a “break clause” in the tenancy agreement and the tenant has followed any requirements for giving notice specified in the tenancy agreement. If the agreement does not allow the tenant to leave early and you do not agree that he or she can break the agreement, the tenant will be contractually obliged to pay you the rent for the entire length of the fixed term. You should ensure that the tenant has the same opportunities as you to end the tenancy agreement. If the tenancy has no fixed term, the tenant must give you notice in writing of his or her intention to leave. He or she must give at least four weeks’ notice where rent is paid on a weekly basis and at least a month’s notice where rent is paid on a monthly basis. Have a look at full article http://www.communities.gov.uk/public...suredlandlords Hope this is ok __________________ If it's not got wheels, it should have sails. The odds of going to the shop for a loaf of bread and coming out with ONLY a loaf of bread are three billion to one

7th December 2011, 18:39	#4
Poppy Banned 75 club 1.8 petrol. Join Date: Nov 2010 Location: Redditch Posts: 9,431 Thanks: 0 Thanked 4 Times in 3 Posts	Hi again.... I have just been thinking about this....Not so sure of my first answer now...The contract of tenancy is for that fixed period.....Either way, either party can choose not to renew at the end of it..... There would be no point of having a month's notice if it could not be exercised would it..?? The month's notice is to give the landlord notice and to enable him time to rent the property out at the end of it....

7th December 2011, 19:03	#6
Poppy Banned 75 club 1.8 petrol. Join Date: Nov 2010 Location: Redditch Posts: 9,431 Thanks: 0 Thanked 4 Times in 3 Posts	Hm, It is a bit unclear to the uninitiated isn't it.... Ending a tenancy agreement in the middle of the terms It both parties agree to terminating the agreement, they can legally do so. This is called ‘surrender’. There are two ways that surrender of a tenancy can occur: by “operation of the law” or by a “declaration of surrender For a surrender to be legal, both parties must agree. It’s advised for everything that has been agreed to be writen down so everyone knows where they stand. If a joint tenancy is in place, all the joint tenants and the landlord must agree to the surrender. Now, on that premise..... You do have an agreement with the tenant for the fixed period....Is the month notice intended to be given to end this fixed term only..??

7th December 2011, 19:14	#8
Poppy Banned 75 club 1.8 petrol. Join Date: Nov 2010 Location: Redditch Posts: 9,431 Thanks: 0 Thanked 4 Times in 3 Posts	Hi again.......I have found this...Maybe have a good read through on this site.. http://www.landlordzohttp://www.land....php/t-38.html 04-03-2006, 13:03 PM I always give the right 6 Months AST agreement, but i can't do it in this case . One thing that caught my attention when the environmental officer came to inspect my previous house to have the fire doors etc... fitted, was that if i do not give any agreement, i am okay with it and not bounded by any contract . I think it is very simple and of course understandable people should not create any trouble . I am wondering what is the best way to be right by law, and have a quick eviction in case somebody plays stupid and don't want to move when the time comes. When a tenancy of six months expires, the tenancy then runs month by month, and only one month notice needs to be given to the tenants to move out, right ? Why is it that i cannot establish a tenancy agreement that runs month by month from the beginning ? Don't mean to be stubborn, i am trying to understand, but if it's too much risk i'd rather keep it empty. Thank you

7th December 2011, 19:34	#9
wraymond This is my second home 75 Auto 2.5 SE Join Date: Feb 2010 Location: Westcliff on Sea Posts: 5,245 Thanks: 423 Thanked 1,680 Times in 1,014 Posts	I held a tenancy on a commercial property for my business. Term was for 1 year, renewable annually, but subject to a 'break' clause allowing one month's notice to be given by me at no penalty. I held the tenancy for 11 years before giving notice. All went okay until the 'exit inspection'. He tried everything he knew to keep my 3 months deposit and only the intervention of the Estate Management Agency that was acting for him made him pull his horns in! The Agency threatened him with ruining his local reputation with all other agencies. A good and unexpected ally to have.