newtothis123
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During these 4 years, it does not matter if he signs a lease binding him to stay for a thousand, or a million years at this point. The law effectively amends the lease and he gains the right to vacate with the required notice period which depends on how long the occupancy has been, which is 6 weeks for a 2-year occupancy, according to a table available in citizens information. Doing that is his RIGHT and the landlord cannot keep the security deposit as a punishment.
If tenants have a fixed-term agreement or a lease, they are also subject to the terms of this agreement. This means they may lose their deposit if they leave before the term stated in the lease, even if they give the correct amount of notice.
A tenant can terminate a Part 4 tenancy at any time and without reason, provided he or she gives the requisite notice
a tenant can only terminate a fixed term tenancy where there the landlord has been in breach of his or her obligations
Very few people know the law. The PRTB doesn't seem to quite know the law either.
.
Mrs Vimes said: I'm fairly sure this is wrong
You are sure, you say. Is this true? May I ask your source of your information and certitude? Have you read the Act? Or gotten your information by other reliable means? Or just winging it and claiming that you are sure?
Section 60:
provides that where a greater notice period than that
specified in this Part is required by any lease or tenancy agreement
that greater notice period shall apply
A lease agreement may be verbal or written. Usually the first agreement is a written fixed term contract (though some landlords don't believe in the quality of a written agreements as tenants seem to be able to break them when they wish) during which time (at the six month mark) the tenant automatically acquires Part 4 rights.I didn't attack you Mrs. Vimes. You are taking my challenges rather personally. Perhaps I was too provocative. If so, I apologize.
The Act can be found here.
And it contains the following:
36.—(1) A tenant may terminate a Part 4 tenancy by serving on
the landlord in respect of the tenancy a notice of termination giving
the required period of notice.
Notice it does not say 'subject to a lease agreement'. It lays it out in black-and-white. If it meant 'subject to a lease agreement', why does it not say it? It is possible that it is an error in drafting. But that is what the Act says.
However, I will concede that with the PRTB thinking as it does, it would be risky to assume that what I said is effectively the law.
If there is a clause in a lease stating that, for example, a tenant may vacate by giving 28 days notice, then in all likelyhood, that clause would be deemed invalid (except if the tenant vacated within the first 6 months of the tenancy.OK, I was probably wrong about this. If there is a lease and it has a notice period, that notice period is NOT superseded by the act.
On re-reading the relevant sections of the ACT (I don't know why so many people like to quote from the Citizens Information website), you are correct in that a lease may quote a longer notice period than that given in the Notice Period Table. My mistake - thanks for the correction.That was more or less what I thought too, facetious. But look at section 60 of the act, quoted by berni above. Doesn't that contradict that position?
In all likelihood, a fixed term lease would not specify a notice period - because a fixed term is just that, the lease continues until its expiry date and cannot be broken (except for breaches of the lease conditions).What if the lease is fixed-term but does not specify notice periods at all.
Do you agree with my earlier assertion that in such a case the tenant can leave with the notice period specified in the Act?
Or does a fixed-term lease with no notice period specified become more like a lease with a notice-period which is essentially as long as the rest of the tenancy, so the tenants have to stay to full term? This seems to be consistent with the interpretation of the PRTB itself, as expressed on their website.
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