s4room   10 #1 Posted June 25, 2009 I received an example of agreement from a landlord. It states that: "The landlord may bring the tenancy to an end at any time before the expiry of the Term by giving to the tenant not less than two month's written notice."  But I do not see any similar clause that will protect the tenant. If a tenant signs a 12-month contract, what will happen if the tenant terminates, with 2-month's written notice, the contract 4 months before the expiry of the contract? Share this post Link to post Share on other sites Share this content via...
Tomataheeed   10 #2 Posted June 25, 2009 I received an example of agreement from a landlord. It states that: "The landlord may bring the tenancy to an end at any time before the expiry of the Term by giving to the tenant not less than two month's written notice."  But I do not see any similar clause that will protect the tenant. If a tenant signs a 12-month contract, what will happen if the tenant terminates, with 2-month's written notice, the contract 4 months before the expiry of the contract?  I think the tennant needs to only give 1 month notice actually. I had a tennant sign up for 12 months and 3 months later gave me notice, so you aren't really tied in to be honest. I just got on with finding another tennant. Share this post Link to post Share on other sites Share this content via...
davi   10 #3 Posted June 27, 2009 From a legal point of view, a fixed term is legally binding. 2months notice to tenant. 1month notice to landlord. Landlord cannot force tenant out by any means if tenant wants to stay for full term, unless they have broken agreement in some way, ie, rent arrears. Also if tenant wants to leave before fixed term ends, they are legally bound to pay rent upto when anew tenant signs in. This can mean losing all or some of your deposit. ALL DEPOSITS HAVE TO BE PUT INTO ADEPOSIT PROTECTION SCHEME. Don`t sign atenancy for longer than you think you need, it can always roll on into a Periodic tenancy if you wish to stay longer. Share this post Link to post Share on other sites Share this content via...
s4room   10 #4 Posted June 29, 2009 Hi davi, for a 12-month contract, and if the tenant, with 1-month notice, ends the contract at 8th month, the maximum loss for the tenant is no more than the amount of deposit he pays, right? Does he need to pay the rental for 9th-12th months? Share this post Link to post Share on other sites Share this content via...
davi   10 #5 Posted June 30, 2009 Hi davi, for a 12-month contract, and if the tenant, with 1-month notice, ends the contract at 8th month, the maximum loss for the tenant is no more than the amount of deposit he pays, right? Does he need to pay the rental for 9th-12th months? Hello again, I`m afraid that the tenant is responsible for upto when the tenancy ends if a new tenant cannot be found to take it over. If alandlord wants pursue it, ie through small claims court he can, but he would need to wait untill the agreement is at its end, because aperson can only claim upto the date he makes the court application. he cannot claim for future loss. As atenant you need to protect your own position long term. It is worth knowing that if atenant does a runner, thinking the landlord does not know their new address. Well, it can be put through claims court on previus known address. The person can dissappear but apersons credit ref. file will be where its always been, and if the claim was ignored, would result in County court judgement. This can have more serious effects than most might know about. For example, a CCJ is on apublic register and is therefore not subject to data protection. Anyone can check it out on the internet. Anyone applying for jobs in the financial based sector, ie banks, insurance etc will have their credit rating checked. They would not get the job. Any other kind of job can run a check also. If you want to end the agreement sooner, by law, you can get anew tenant youself, or ask the landlord to re-advertise it, but you will be liable for those costs.Hope that helps. Share this post Link to post Share on other sites Share this content via...
Loops   10 #6 Posted June 30, 2009 Yea I agree with Davi, if you sign a 12 month contract you can be held liable for 12 months rent. By serving notice during the fixed term does nothing unless you have a clause that allows you to serve notice after a certain point to end your tenancy.  The term in your contract would be an unfair term as per office of fair trading as this gives you less rights than the landlord re: terminating the fixed term early.  If the landlord goes a clause he can use to end early and if you had a clause too and if it was deemed to be fair then the landlord could serve notice as per the clause but all that would do is end your fixed term and he would then need to serve a correct notice with correct time periods and then get a court order then a baliffs warrant before you had to leave.  Basically - its all pretty complex and if you have a written agreement and the landlord wants to terminate or you want to terminate its best to get the tenancy agreement checked out because every case is different.  In addition to this, lots of landlords allow whats called a mutual surrender - this can be done at any point if a tenant wants to leave - sometimes this may be agreed on certain terms eg: finds someone to move in etc but worth asking but get proof agreed in writing. They dont however have to agree to mutual surrender so be careful!  Hope this helps! Share this post Link to post Share on other sites Share this content via...
RetinaGanshi   10 #7 Posted July 3, 2009 It might be worth contacting Belvoir! Sheffield, they might be able to give you more advice on this?? They've certainly helped me lots!  http://www.belvoirlettings.com/sheffield Share this post Link to post Share on other sites Share this content via...
