Hi ,
My Tenant of some years wants to renew their T.A but he is on a council housing list and may have to leave ther property earlier than month 6( standard break clause). I don’t have an issue with this however I want as much notice as possible- Two months ideally. Can I set up a new 12 month Tenancy with a break clause to become active earliest 2 months ( meaning the earliest they can vacate is month 4 , two months notice)
I know I can just allow the the current Tenancy to go periodic but then I would only have one months notice.
Any comment appreciated.
You wouldn’t be able to exercise the break clause in first 4 months (can only end after 6 months) so it would be one sided. Personally I’d let it go periodic unless there is a very strong reason you need more notice.
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Why do you or the tenant want to renew the tenancy? Just let it go periodic. It will be on the same terms, but the tenant can serve 1 month notice. to expire at the end of a tenancy period.
You could do what you are suggesting. Ultimately, you can let a tenant out of a tenancy agreement at your discretion earlier than 6 months but you can’t terminate their tenancy any earlier if they are not willing.
So you can’t legally set the break to a shorter period than 6 months?
As stated I ideally want a two month notice period. Periodic only gives me one month
In practice its between 1 and 2 months due to a fixed end date, but demanding 2 months would be a very large price to pay for all the inconveniences and risks of renewing the tenancy.
I think you would have to create a contractual periodic tenancy to insist on 2 months tenants notice. If this would be a different tenancy type then you wouldnt be able to serve your own notice during the first 4 months.
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