Hi
I know there is quite abit on here about notice periods but I have had a look through the posts and the FAQ's and have not been able to confirm and answer that seems to fit my exact circumstances. In fact I made things worse as I came across references to CPT vs SPT and my agreement doesn't seems to make this clear. If someone could advise me on the following I would be most gratful.
We signed an AST for a period of 6 months term from and inlcuding 21st April 2012 to and including 20th October 2012. In July we found a house to purchase and are hoping to exchange contracts soon with a view to completing the purchase as near to the end of the fixed term as possible. However, having reviewed our tenancy agreement I see that it requires us to provide 2 months notice, either to terminate at the end of the fixed term or aftre the fixed term. The wording is as follows...
TERM
1.6.1 The term shall be from and including 21st April 2012 to and including 20th October 2012. Please see clause 2.5 as it contains importnat information about what you must do to end the tenancy. (Clause 2.5 says 'if the tenant intends to vacate at the end of the fixed term, or at any later date, he agrees to give the Landlord at least 2 months prior notice in writing. While the tenancy is periodic two months notice is required to end the tenancy')
1.6.2 The 'term' is to include a statutory periodic tenancy or any contracual tenancy that is defined in clause 1.6.1 as following the fixed term.
1.6.3 If on the coming to the end of the fixed term agreed above, the Landlord does not seek possession and the Tenant remains in the property, they will be considered, by virtue of section 5 of the the housing act 1988, to have a stautory periodic tenancy. This will continue till ended by either party.
So my question are
1. Are we bound to give two months notice if we want to leave at the end of the fixed term as it appears to say we are? (we are not trying to leave before)
2. At the end of the fixed term do we have a CPT or an SPT as 1.6.2 above makes reference to CPT but 1.6.3 says it will be a SPT.So if we were still here at the end of the fixed term, in your opinion how much notice do we then need to give?
Aplogies for the length of this post but wanted to give as much info as poss.
Many thanks....
I know there is quite abit on here about notice periods but I have had a look through the posts and the FAQ's and have not been able to confirm and answer that seems to fit my exact circumstances. In fact I made things worse as I came across references to CPT vs SPT and my agreement doesn't seems to make this clear. If someone could advise me on the following I would be most gratful.
We signed an AST for a period of 6 months term from and inlcuding 21st April 2012 to and including 20th October 2012. In July we found a house to purchase and are hoping to exchange contracts soon with a view to completing the purchase as near to the end of the fixed term as possible. However, having reviewed our tenancy agreement I see that it requires us to provide 2 months notice, either to terminate at the end of the fixed term or aftre the fixed term. The wording is as follows...
TERM
1.6.1 The term shall be from and including 21st April 2012 to and including 20th October 2012. Please see clause 2.5 as it contains importnat information about what you must do to end the tenancy. (Clause 2.5 says 'if the tenant intends to vacate at the end of the fixed term, or at any later date, he agrees to give the Landlord at least 2 months prior notice in writing. While the tenancy is periodic two months notice is required to end the tenancy')
1.6.2 The 'term' is to include a statutory periodic tenancy or any contracual tenancy that is defined in clause 1.6.1 as following the fixed term.
1.6.3 If on the coming to the end of the fixed term agreed above, the Landlord does not seek possession and the Tenant remains in the property, they will be considered, by virtue of section 5 of the the housing act 1988, to have a stautory periodic tenancy. This will continue till ended by either party.
So my question are
1. Are we bound to give two months notice if we want to leave at the end of the fixed term as it appears to say we are? (we are not trying to leave before)
2. At the end of the fixed term do we have a CPT or an SPT as 1.6.2 above makes reference to CPT but 1.6.3 says it will be a SPT.So if we were still here at the end of the fixed term, in your opinion how much notice do we then need to give?
Aplogies for the length of this post but wanted to give as much info as poss.
Many thanks....