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Andrew
Andrew, Solicitor
Category: Property Law
Satisfied Customers: 129
Experience:  LLB (Hons)
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I have a question about a tenancy agreement, No See we own a

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Hi
JA: Hi. How can I help?
Customer: I have a question about a tenancy agreement
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No See we own a property
JA: Where is the property located?
Customer: and we have given our property to rent on a private agreement Woking, Surrey
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 year ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hi, how can I help? Andrew

Customer: replied 1 year ago.
Hello, I am a landlord and have been renting my apartment in Woking since November 2016

Thanks. And what is the issue?

Customer: replied 1 year ago.
We initially had a private agreement for one year
Customer: replied 1 year ago.
The agreement ended on November 2017, however the tenants have continued to stay till date and pay rent on time and we have no issues

Ok

What would you like to know?

Customer: replied 1 year ago.
We have not renewed the agreement since November 2017
Customer: replied 1 year ago.
We would like to renew the agreement now with our tenants however we are disagreeing over the notice period clause. They would like to give us a notice period of 1 month and expect a 2 month notice period from us if we want to sell the flat

The fact the agreement has not been renewed is not an issue as such, as the tenancy becomes a "periodic tenancy" after the original term has ended and continues until either party serves Notice on the other that they wish to end the Tenancy.

Customer: replied 1 year ago.
They are saying they have a legal right to request a 2 month period from us but by law only need to give us a 1 month period. Is this true
Customer: replied 1 year ago.
I want to have an equal notice period for both parties
Customer: replied 1 year ago.
ie. they give us one month and we give them one month

Under a periodic tenancy, the Tenant does indeed only have to give 1 month's notice, such notice to end on the day before the rent payment day and a Landlord has to give 2 months notice.

Would you prefer to chat over the phone as it may be easier?

Customer: replied 1 year ago.
Can we please continue typing?

That's fine with me.

Customer: replied 1 year ago.
Thank you, ***** ***** I was asking for an equal notice was it illegal?

I am afraid that under the Housing Act 1988, the 2 months notice by a Landlord and 1 month's notice by a Tenant is set in law so as a Landlord you can NOT ask the Tenant to give any more than 1 month's notice. Likewise you can't insert a clause into the Agreement that you need only give the Tennat 1 month's notice.

Sorry this is not what you may want to hear.

Customer: replied 1 year ago.
Also, we are planning to sell the flat but only once the marker improves. In the home we are living in, we are also tenants and therefore we want to sell our Woking flat and buy a house. Currently we have a one year agreement for the house I'm living in which ends in July 2021. We want to sell our woking flat before July 2021 and buy a house. Therefore when we are unsure if we should have a one year or 6 months agreement with our tenants
Customer: replied 1 year ago.
I want to give them a notice once I find a buyer and they can give me a notice whenever they want to move
Customer: replied 1 year ago.
The problem is the tenant does not want to renew the agreement and wants to continue with the periodic tenancy

When do you hope to move into your new purchased property? Around July 2021 or before?

Customer: replied 1 year ago.
Before July 2021 we want to purchase a house and move in
Customer: replied 1 year ago.
The market is not good right now so we want to wait for a few months before putting it on the market
Customer: replied 1 year ago.
Am I making sense?
Customer: replied 1 year ago.
Sorry this is my first experience with getting legal advice

On the basis that you will need the equity from your current property which you rent out, it may be best to give your Tenant a 6 month agreement. If the Tenant refuses to sign a new agreement, you therefore have to decide whether to serve Notice on them now and find new replacement Tenants for a 6 month agreement or you leave matters as they are with the periodic agreement and then give the Tenant 2 months notice once you want them to move out. Alternatively, you could try and sell your house subject to the existing Tenants (ie sell it to an investor/Landlord who is happy to purchase with the Tenants remaining in occupation. You are making sense!

Customer: replied 1 year ago.
Thank you, ***** ***** write a new 6 month tenancy agreement with the same conditions and clauses that we had in 2016 but they refuse to sign it. Then is our only option getting new tenants or continuing with periodic tenancy?

Hi, it is indeed. The mere threat of you telling the Tenants that you are going to have to serve Notice on them may spur them on to sign a new Agreement (hopefully!) Andrew

Customer: replied 1 year ago.
If we have a 6 months agreement, how long is the time period where I cannot give notice and also they can't give notice

Any agreement is a Contract so both parties are under a duty to keep the tenancy running for 6 months if that is the period of the Agreement. So, you can serve Notice at the 4th month, meaning the Tenant would have to move out on the day the Agreement ends. From a Tenant's point of view, they do not have to give any notice if they decide to leave on the day the Ageement ends at the end of the 6 months.

Andrew

Customer: replied 1 year ago.
Thank you

If you could please leave feedback with 4 or 5 stars, so I can get paid, that would be great.

All the best Andrew

Customer: replied 1 year ago.
In a periodic tenancy agreement, do the clauses of the expired agreement still apply
Customer: replied 1 year ago.
I want to protect myself legally so I want to have new agreement

Hi, if you could leave feedback, I will happily answer these follow on questions. Many thanks

Andrew

Andrew and other Property Law Specialists are ready to help you

Thanks. The terms of the written agreement do indeed remain in place even once the fixed term has ended and whilst it remains a periodic tennacy. Kind Regards Andrew