How to change notice period to x2 months for tennant when AST expires

Landlord Discussion Legal
1

My tennants AST is expiring in a couple of days. They are refusing to sign a new tennancy agreement but prefer instead for the tennancy to enter into a rolling monthly agreement, as specified in the existing AST. The problem is that under Open Rents AST the landlord has to give two month’s notice but the tennant only has to give one months. The tennant giving me one month’s notice is not enough time for me to find new tennant for the property. How do I modity things so that they have to give me two month’s notice instead?

2

In practice its usually between one and two months as the notice has to expire at the end of a tenancy period. This is normally enough to find a new tenant. Its not wise to commit to a new tenant before the old one leaves anyway and I always leave a couple of days between tenancies to do little repair jobs and extra cleaning.

The advantages of a periodic tenancy for a landlord far outweigh any disadvantages, so I’d accept their suggestion if I were you

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3

Thanks this helps although not sure what the advantages of a periodic tenancy for a landlord?

4

You can begin eviction proceedings immediately if things go wrong or your circumstances change.

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5

The DPS or TDS will not accept if you claim the deposit for the tenant not giving notice, this idea of them adjudicating fairly is not true they are corrupted by Govt to rule against the LL’s

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7

As you are probably aware it’s two months for tenant and one month for landlord the notice period by UK Gov law I believe so no way of changing it other than maybe a mutually signed and witnessed personal agreement maybe? But sound like you’ve tried talking to them already…

8

Thanks I tried asking tennant want he thinks about two months to allow me to find other tenants etc, he ignored me. Now he’s sitting on a one month periodic roll over tenancy. The only other option would be to state that I wish to sign a mutual agreement for two months notice or start looking for another tennant…,

9

Thanks very helpful Leslie

10

Thanks David much appreciated

11

I wouldnt bother. He might challenge 2 months as an unfair contract term when common law affords him one month.

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12

Stick with the standard Openrent AST. Its based on the law. Any agreement you sign otherwise, will not stand up in law… It’ll be unenforceable. You can’t just change the law

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