Our fixed contract has come to an end and as per the contract now it becomes a rolling contract.
The rolling contract specifies that tenants need to give a 1 month notice, however my self- my flatmate and our landlord agreed a 2 month notice from our side ( the tenants).
Is it possible for OpenRent to make this amendment within our rolling contract?
Thank you in advance for your support.
Hi Julian, a few considerations here.
Firstly, I am not sure that a two month notice period for the tenants would be enforceable, because such a convention (and I assume case history, although I am not legally trained) exists around the notice period for tenants serving notice being one month minimum. So even if you added this to your contract, it may not be enforceable; i.e. it would rely on you deciding to give two months’ notice, not being compelled to be by your contract. Therefore, adding it may achieve nothing that simply agreeing it verbally wouldn’t achieve.
Secondly, OpenRent does not currently offer a contract amending service. This is something landlords and tenants can arrange directly.
Get it in writing from your landlord, by email, that they agree to 2 months notice. I suggest from both sides, and acknowledge its receipt. This is a legal amendment as far as I can tell provided the agreement says emails can be used for Notices, otherwise a letter will be needed: search for Notice in your agreement to be sure and safe.
Thanks thats very useful. I have tenants who would like to stay another year, do you if it would protect both landlord and tenant if we had a new contract?
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It would be better for a parties to allow the tenancy to go monthly periodic at the earliest opportunity.