I am just in the process of changing tenants.
I was going to use the open rent agreement and rent now process, but I cant change the notice period the tenants have to give from 1 month to 2 months - so it is equal on both sides.
I was therefore planning to use a contract outside open rent.
My tenant (to be) emailed open rent and was told “under the Housing Act the tenants notice period during a periodic tenancy is fixed at one month so this isn’t something that can change.”
I read that as it is illegal to move require a 2 month notice period, other than within the break clause.
Does anyone know if this correct - which part of the housing act states that and does it mean everyone just has one month notice periods outside of the break clause?
Open rent do tend to know what they are talking about with lettings related law (which is good!). On statutory periodic tenancy tenant has the legal right to give one month’s notice (if they pay monthly, 4 weeks if they pay rent weekly). Contractual periodic is less clear but a significantly longer notice period than standard would be likely deemed unfair if challenged in practice this is the same.
Contract terms that attempt to contravene your tenants legal rights would be unenforcable.
Similarly currently you have to give six months notice on your side, you can’t give just two because that’s what the contract says as your tenant is legally entitled to six months. (Contracts usually say 2 months because this was the section 21 notice period prior to covid)
Law always takes precedent over contract terms. You can write any random bullshit into a contract if you want to…doesn’t mean it’ll be enforcable.
Any contract term requiring two months notice of the tenant is likely to be unenforceable as an unfair contract term.
In practice a tenants notice is between 1 and 2 months anyway as it has to expire at the end of a tenancy period.
You could add a clause which legally backs up the 1 month legislation but asks where ‘possible’ the landlord would appreciate 2 months notice of intentions which is not 2 months notice.
Contractual periodic can ask for a two month
Yes, CPT could ask for 2 months if they want to leave at the end of the fixed term, but I’m not sure whether it would be enforceable when the tenancy is periodic. There is established case law limiting the notice during a periodic tenancy to the common law position of at least 1 month ending at the end of a tenancy period.
More importantly, if you risk it by adding a 2 month notice period & it isn’t honoured, what will you do? Risk losing in court? I doubt it for 1 months rent. Just suck it up & accept that the law protects tenants more than landlords.
Kal7…any old bullshit. Fabulous.