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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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I am a Landlord and have a 12 month Tenancy Agreement

Resolved Question:

I am a Landlord and have a 12 month Tenancy Agreement document that I use. For the break options, I have agreed with the tenant that they can serve 2 months notice after 5 months (minimum term 7 months). Is the paragraph phrasing with the timescales correct to reflect this?
(a) If the Landlord shall desire to determine the Tenancy Agreement hereby created at or at any time after the end of the first seven months thereof and shall give to the Tenant not less than 2 months previous notice in writing of such desire such notice not to be served within the first five months of the Tenancy Agreement then immediately on the expiration of such notice the Tenancy Agreement shall end but without prejudice to the rights and remedies of the Landlord against the Tenant in respect of any antecedent claim or breach of obligation.
Submitted: 7 months ago.
Category: Law
Expert:  F E Smith replied 7 months ago.

Can I clarify anything else for you?

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Best wishes.

FES

Customer: replied 7 months ago.

Hello, you haven't answered my question?

Expert:  F E Smith replied 7 months ago.

I apologise for that. For some reason, only the last half of the reply posted. This is what you should have had.

You can have a tenancy agreement for any period that you like as long as it is more than 6 months.

However you have said that you have agreed that the tenant can give two months notice after five months making a minimum term of seven months, but the clause is in respect of the landlord giving notice not the tenant so you will need to amend this to make it a mutual clause or add a further clause which reciprocates this.

Customer: replied 7 months ago.

Thank you, ***** ***** another clause specifically for the tenant that states the same.

Can you please clarify that the wording in the paragraph is correct as it stands for the terms I wish to have.

Thank you.

Expert:  F E Smith replied 7 months ago.

Yes, I can confirm that creates a seven-month tenancy which would roll on there afterwards unless 2 months notice is given.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8974
Experience: I have been practising for 30 years.
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