How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9358
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

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: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Can I clarify anything else for you?

Please rate the service positive. It is an important part of the process by which experts get paid. It does not cost you anything but helps us greatly.

Best wishes.

FES

Customer: replied 11 months ago.

Hello, you haven't answered my question?

Expert:  F E Smith replied 11 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 11 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 11 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 and other Law Specialists are ready to help you