I’d have a question if anyone can help, please.
Our contract terms read
"A fixed term of 12 months Commencing on and including 03 October 2022 To and including 02 October 2023 (“the Initial Term”).
And then continuing as a monthly contractual periodic tenancy until terminated in accordance with this agreement".
However, our tenants gave us a one month notice last night, so they will be out on 10 October 2023.
Would you kindly confirm that this is in line with the agreement, please? Our understanding was that the notice cannot be given before the contract expiration date.
Thanks a lot!
The tenant can just leave without giving any notice at all on 2nd Oct. If they intend to stay any later, the tenancy now becomes a contractual periodic. There is much written online about the notice period that apply in this cases and when notice needs to be given. Alternatively, I would suggest, if your tenant has been a good tenant, just work with them and agree the notice. Charge a pro-rata rent and get looking for a new tenant.
The wording of that contract is not ideal as it uses the term “fixed term” and “initial term” to mean the same thing. However, somewhere else in the agreement it should say how the tenant can give notice. A CPT should always have this and the tenants notice will only be valid if given in line with it.
Most landlords will accept an invalid notice as long as the notice period is reasonable and I would suggest you formally accept it.
Thanks for the kind answer!
Yes, this is what I am going to do. Thanks!
Currently on short hold tenancy , a fixed term of 12 months . Commencing from 1 January
To and include 31 December . The Landlord must give notice of no less than two months, such notice to expire any time on or after the final day of the Initial Term. A notice served by the Landlord under section 21 of the Housing Act 1988 shall be sufficient notice under this clause.
The Tenant must give notice of no less than one month, How much notice do I need to give to landlord if ending of the tenancy before end of the initial term ?
You cant serve a valid notice during a fixed term tenancy. Does the agreement say that it continues after the 12 months as a contractual periodic tenancy? If so, it should tell you specifically if you are allowed to serve notice during the initial term.
I’m sure the fixed terms are 12 months, they should have waited as the break started after 12 months. They are now gone and I’m quite happy, considering the conditions of the flat, including some damage that they claim it’s wear and tear…
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