Comments on: Tenant’s notice to leave at the end of the fixed term http://www.landlordlawblog.co.uk/2010/04/10/tenants-notice-to-leave-at-the-end-of-the-fixed-term/ From landlord and tenant solicitor Tessa Shepperson Fri, 10 Feb 2012 17:12:56 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Tessa Shepperson http://www.landlordlawblog.co.uk/2010/04/10/tenants-notice-to-leave-at-the-end-of-the-fixed-term/comment-page-1/#comment-3818 Tessa Shepperson Wed, 19 May 2010 16:18:54 +0000 http://www.landlordlawblog.co.uk/?p=2224#comment-3818 That is very true David, yes, thank you for that. That indeed may be the real reason why there are so few terms longer than 12 months. That is very true David, yes, thank you for that. That indeed may be the real reason why there are so few terms longer than 12 months.

]]> By: David http://www.landlordlawblog.co.uk/2010/04/10/tenants-notice-to-leave-at-the-end-of-the-fixed-term/comment-page-1/#comment-3807 David Wed, 19 May 2010 11:28:02 +0000 http://www.landlordlawblog.co.uk/?p=2224#comment-3807 One problem with a three year agreement is that you will not get permission from most mortgage lenders to grant such a long fixed term. They often specify no more than 6 or 12 month terms. One problem with a three year agreement is that you will not get permission from most mortgage lenders to grant such a long fixed term. They often specify no more than 6 or 12 month terms.

]]> By: Tessa Shepperson http://www.landlordlawblog.co.uk/2010/04/10/tenants-notice-to-leave-at-the-end-of-the-fixed-term/comment-page-1/#comment-3765 Tessa Shepperson Tue, 18 May 2010 07:41:45 +0000 http://www.landlordlawblog.co.uk/?p=2224#comment-3765 Thank you everyone for your comments. No, the clause has not been litigated (to my knowledge), but litigation over tenancy agreement clauses is not that common. Also I would prefer my clauses to be so clear that litigation is inappropriate! Brixtonia, I agree that granting three year terms might help that particular problem but I suspect not many people will want to sign up for three years, even with a break clause. You have all been most helpful though. Thank you. Thank you everyone for your comments. No, the clause has not been litigated (to my knowledge), but litigation over tenancy agreement clauses is not that common. Also I would prefer my clauses to be so clear that litigation is inappropriate!

Brixtonia, I agree that granting three year terms might help that particular problem but I suspect not many people will want to sign up for three years, even with a break clause.

You have all been most helpful though. Thank you.

]]> By: Brixtonia http://www.landlordlawblog.co.uk/2010/04/10/tenants-notice-to-leave-at-the-end-of-the-fixed-term/comment-page-1/#comment-3760 Brixtonia Tue, 18 May 2010 06:31:36 +0000 http://www.landlordlawblog.co.uk/?p=2224#comment-3760 Is it not far simpler to enter into a 3yr AST which includes a break clause allowing 2 months notice either way after 6/12 months and rent reviews allowed (with notice) after 12 months? Is it not far simpler to enter into a 3yr AST which includes a break clause allowing 2 months notice either way after 6/12 months and rent reviews allowed (with notice) after 12 months?

]]> By: Marcin http://www.landlordlawblog.co.uk/2010/04/10/tenants-notice-to-leave-at-the-end-of-the-fixed-term/comment-page-1/#comment-3059 Marcin Tue, 27 Apr 2010 09:37:06 +0000 http://www.landlordlawblog.co.uk/?p=2224#comment-3059 Tessa, has your clause ever been litigated? As I read the clause, it only places an obligation on the tenant to notify their (honest) intention. I suspect that a tenant who says they will stay, but changes their mind, even capriciously, having manifested preparations to stay (such as, e.g. failing to cancel any utilities, not booking removals men before the notice, etc) would not be liable under your clause (and in like manner one who announces they will leave, leading to wasted costs by the landlord). If you want to catch tenants who change their minds, I think you need to specifically draft that in, and should probably have a tightly drawn clause to assess the level of damages (e.g. fees of a nominated estate agent/seven days rent depending on which way the change is). Tessa, has your clause ever been litigated? As I read the clause, it only places an obligation on the tenant to notify their (honest) intention. I suspect that a tenant who says they will stay, but changes their mind, even capriciously, having manifested preparations to stay (such as, e.g. failing to cancel any utilities, not booking removals men before the notice, etc) would not be liable under your clause (and in like manner one who announces they will leave, leading to wasted costs by the landlord).

If you want to catch tenants who change their minds, I think you need to specifically draft that in, and should probably have a tightly drawn clause to assess the level of damages (e.g. fees of a nominated estate agent/seven days rent depending on which way the change is).

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