Notice Periodd

[DancingQueen]

Hello,

I was thinking of having two different periods for the serving of notices:

A) 2 months for the exercise of the break clause 

3 months to break the tenancy 

Is it okay to have two different intervals (2 vs 3 months)?

Also, is it legally enforceable to say the tenant must serve notice to end the tenancy at the end of the initial term (I.e. It does not auto terminate)?

 

 

 

 

 

 

 

 

 

 

[Richlist]

There is clear legislation for notice periods, your agents will know the legal requirements. The more you fiddle with standard AST contracts the more chance of getting it wrong. Most people use standard, pre approved, tried and tested ones.

[Grampa]

As above. But as an agent myself I would advise away from using break clauses because it is so easy to get them wrong the wording can be unclear and acting on one to serve a tenant notice has a higher chance of being incorrect. Just start any new tenancy off as a 6 month fixed term and consider giving a longer one after a say 12/18 months. 

Keep it simple. 

 

[Richlist]

It's recommended to start all new tenancies with a 6 month tenancy agreement.

The only time I can think of when it's acceptable to start a new tenancy with an agreement longer than 6 months is :-..............sometimes with leasehold property the lease allows the freeholder/ managing agents make a charge for issuing permission to let the property. Sometimes that charge is made for each new tenancy agreement or renewal or it becoming an SPT (statutory periodic tenancy). Therefore instead of having a 6 month AST & paying their charge twice in the first 12 months, it's preferable to have a 12 month AST  (with a 6 month break clause) and to then only pay their charge once in the first 12 months.

[Grampa]

Or if you have prior knowledge of the tenants recent renting behaviour such as them moving from one of your properties to another.