I would like help in wording a notice to vacate a flat on a Company let agreement on a three year contract with a 12month break clause (In the agreement it states that the termination notice is just one month)
Company lets usually end when the fixed term expires. Whether yours can continue as periodic and the terms that allow for fault based forfeiture should be in your contract. You may need legal help with this from a solicitor.
Hi David, It is a 3year contract with a break clause after 12months so it is the break clause that I wish to enforce.
I would be most grateful for help with the wording for termination notice.
Was it based on an AST template by any chance?
Hi David, the letting agreement was titled: COMPANY LETTING AGREEMENT for letting residential dwelling house.
It was not an assured tenancy.
Hope this information will help.
Peter
Ok, but as I said, its all about the wording. One of the reasons landlords are rarely recommended to go for company lets is that they lose any consumer status they may have had and there is far less help around for them if things go wrong. One of the many problems they often face is that the company in question usually provides the contract and unless they get it checked by a solicitor, there can be all kinds of nasty surprises for them down the track. One common one is for the standard forfeiture clause to be altered to make it virtually impossible to evict them. I have also heard of companys setting up an office on the property and then claiming the tenancy is now governed by the Landlord and Tenant Act 1954, which gives them an automatic right to unlimited tenancy renewals.
In my view, you are almost certainly going to need some specialist legal help to understand the lease and your options for eviction.