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Hello,

Could someone possibly help me clarify what is meant by certain clauses in my AST. More so Clause 1.3.1. I am having trouble deciphering what is actually means:

 

1.3 The TERM

The Term shall be for a minimum period of 6 months from and including 1st January 2012

 

AND THEREAFTER monthly until terminated by two months written notice. The TERM is to include any extension or continuation of the fixed term or a Statutory or Contractual Periodic Tenancy.

 

1.3.1 Upon expiry of the Term, the Landlord may at their sole discretion request or require that the Tenant enter into a new tenancy agreement. For thw avoidance of doubt, the Landlord will under no circumstances be required to offer a periodic extension to this tenancy agreement.

 

 

Am i correct in thinking that this means i must giove 2 months notice even when the 6 month term has passed (1sy July 2012). The Landlord has lodged my deposit of £560.00 with the "Mydeposits" TDS and I am sure that he will try and retain the deposit if i dont adhere to the terms. I obviously want to act accordingly to the terms and I do realise that as I have signed the contract its my own fault. But is this unfair? I mean, I feel like I am trapped by these terms as it only suits the Landlord.

 

Any help would be greatly appreciated.

Thanks

GT

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Yes I think they are intending always to require that you would have to give at least two months' notice. (Iamnotalawyer so I could not say whether it lawfully has that effect).

 

That is certainly a benefit to the landlord above the normal expectations of a statutory periodic tenancy.

 

On the other hand, the benefit to you (potentially) are that after 6 months this might be a better alternative than you having to sign another 6 month tenancy (which a landlord is entitled to insist upon) if you would rather have flexibility.

 

So in a sense it depends on the landlord's motivation and the tenants preference as to whether this term is more beneficial in one direction.

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It would appear the the LL wants to have continuity and is looking to have you sign a new AST at the end of the initial 6 months? which would of course be up to you. If you dont it will revert to SPT and he would have to issue a S21 notice with two months nonths notice if he wants you to leave.

It is just sating the obvious really!

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