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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69362
Experience:  Over 5 years in practice.
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We have a 6 months AST with our tenant which was taken out

Customer Question

We have a 6 months AST with our tenant which was taken out 6/3/12. The expiry was noted on the agreement as 6/9/12 then ongoing. In the special notes at the end of the agreement we noted that 2 months notice were to be given by either party. Can you tell me if these criteria are valid as another agreement has not been signed since then. Also if the tenant gives notice to quit does it have to be with effect from the dated in the month upon which payment is due or can they give notice to quit from any date? Are the tenants expected to allow viewings of the property when it is being sold?
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank your for your question. My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What does the contract say exactly on these points?
Customer: replied 3 years ago.

Initial term of the tenancy will be: 6months


commencement date; from and including: 6/3/12


Epiry date; to and including: 6/9/12 then ongoing


 


Specila or additional clauses: Two calendar months notice to be given by either party to terminate the agreement.


 


The tenant believes that she only needs to give 1 month notice.

Customer: replied 3 years ago.

FOR JOMO1972


Initial term of the tenancy will be: 6 months


commencement date; from and including: 6/3/12


Expiry date; to and including: 6/9/12 then ongoing


 


The tenant believes she only has to give 1 months notice as it is an AST

Expert:  Remus2004 replied 3 years ago.
Sorry for the delay. I just need 10 mins to type out an answer.
Expert:  Remus2004 replied 3 years ago.
Thanks.

In a nutshell, the AST has ended and its flipped over into a periodic.

Unfortunately on a periodic a to month notice period has been deemed unlawful. There is case law that confirms that a requirement for notice of two months offends against UCTA because it requires a tenant to keep two properties on for a period of at least one month.

However, the tenant does have to let you in to arrange viewings. You are entitled to reasonable access to your property and showings in the last month of the agreement constitutes reasonable access.

Can I help further?

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