Landlord moving back into house - how much notice needed?

Miguel_Sanchez

Our landlord has informed us that she needs to move back into the house and needs us to vacate.

According to threshold they can do this with 35 days notice. However our lease has a break clause that states 2 month's notice is needed to break the lease.

Does the lease come first? Do we have the 2 months notice to find a new place?

Victor

Has the lease expired?

The lease would appear to be in excess of your statutory rights, so yes, you can take the two months if you wish.

However, make sure that the two months clause applies to when the landlord is giving the notice.

You can however agree to a shorter notice is everyone is amenable to this.

Miguel_Sanchez

Lease hasn't expired.

Hopefully we won't need the 2 months and will find a place before then - I just wanted to double check.

Merch

No one can write in requirements that eliminate the statutory obligations,

like the periods of notice by either tenants or landlords

How did this break clause of 2 months come about, its not a part of a part4 tenancy agreement as far as i recal. How far are you into the lease, ie how many months?

Miguel_Sanchez

Merch wrote: »

No one can write in requirements that eliminate the statutory obligations

But it wouldn't eliminate the obligations but add to them surely as it's extending the amount of notice needed?

How did this break clause of 2 months come about, its not a part of a part4 tenancy agreement as far as i recal. How far are you into the lease, ie how many months?

The clause is in the special conditions section of the lease which we signed. The landlord has stated that she has been forced to return to the country for work and therefore needs the house.

We're almost ten months into a 1 year lease.

Tigger

Jeff_Lebowski wrote: »

But it wouldn't eliminate the obligations but add to them surely as it's extending the amount of notice needed?



The clause is in the special conditions section of the lease which we signed. The landlord has stated that she has been forced to return to the country for work and therefore needs the house.

We're almost ten months into a 1 year lease.

2 months break clause means 2 months from the date they inform you in writing
ask for notice in writing
then move out 2 months later

Merch

Jeff_Lebowski wrote: »

But it wouldn't eliminate the obligations but add to them surely as it's extending the amount of notice needed?



The clause is in the special conditions section of the lease which we signed. The landlord has stated that she has been forced to return to the country for work and therefore needs the house.

We're almost ten months into a 1 year lease.

Its been about 6 months since I read up on part 4 tenancy agreements, and the resedential tenancies act, Im unsure what the break clause benefit is and Im not sure how it is written in the contract, neither party can contract out of the obligations of a lease, it is part 4? right?
Not sure of the benefit, as it seems to give only a slight amount more notice, as you have two months left and you are there greater than 6 months, the notice period is to me 35 days, but what was the purpose of the break clause is and how its written and to whos benefit, why was it agreed to, who wanted it put in the lease? How was this mentioned at the start of the lease. At this stage, it would seem they request the lease terminated but set the termination date as the end of the lease as its only two months.
A landlord can terminate the lease to use the property for their use or that of a family member but not outside the conditions of the tenancy act, ie less than required notice.

the_syco

Jeff_Lebowski wrote: »

The clause is in the special conditions section of the lease which we signed

How was the clause worded? I take it that you are on a fixed lease, thus the part 4 doesn't apply.

Miguel_Sanchez

It was a 1 year fixed lease which would end in mid-June.

Here's the clause:

lease wrote:

Two month's notice to be given by either party to terminate the Contract.

It's there for both our benefits. We didn't ask for it to be put in but neither did we have a problem with it.

To be honest the landlord wants us out sooner than 35 days so I just wanted to check where we stand in dealing with this. I'm not sure that she is aware of the break clause and doesn't seem to think it matters. There are clauses in the lease that pertain to maintaining heating oil etc in the house even though the house doesn't have oil so I suspect it's a standard contract she was given by someone and she didn't read it through. However that's not our fault really.

We're not going to dig our heels in out of spite. We just want enough time to find somewhere suitable for us to move to and to facilitate that the 2 months may be handy.

Thanks for the advice lads - just wanted to make sure that we were correct in our position.

djimi

If that is the wording in the contract then they have to give you two months notice. They are not in a position to demand that you leave earlier; they signed the contract the same as you did and if they dont know what is in the contract then its their own problem.

If you want to play nice and find somewhere else before the two months then fair play to you, but you are perfectly entitled to look for some kind of incentive or compensation to entice you to break the lease early. I would suggest full deposit plus maybe a months rent? You hold the cards with this one.

variety

Jeff_Lebowski wrote: »

It was a 1 year fixed lease which would end in mid-June.

Well this simplifies the issue: the LL cannot ask you to move out during a fixed term lease unless you have broken one of your obligations, which clearly is not the case (or by mutual agreement- see below).

The "LL needs to move back in" clause is only applicable to a Part 4 tenancy.
[I know you also have a Part 4 (running concurrently to your fixed term) since you have been there for more than 6 months, but your fixed term will override the Part 4 as a fixed term allows you greater security of tenure.]

You are under absolutely no obligation to adhere to the request.
However, if you do agree to it, (ie LL and Tenant come to a mutual understanding) then make sure you get at least 1 month's rent as compensation for your trouble.

Merch

Jeff_Lebowski wrote: »

It was a 1 year fixed lease which would end in mid-June.

Here's the clause:

To be honest the landlord wants us out sooner than 35 days so I just wanted to check where we stand in dealing with this. I'm not sure that she is aware of the break clause and doesn't seem to think it matters. There are clauses in the lease that pertain to maintaining heating oil etc in the house even though the house doesn't have oil so I suspect it's a standard contract she was given by someone and she didn't read it through. However that's not our fault really.

We're not going to dig our heels in out of spite. We just want enough time to find somewhere suitable for us to move to and to facilitate that the 2 months may be handy.

If its fixed term then as far as I am aware then part 4 conditions (or at least certain ones) dont apply, so 35 days notice, I dont think is relevant, but I wouldnt swear to it.

For fixed term I think its a months notice, which is effectively the same.
Either way both parties signed the tenancy so are bound by it unless they wish to terminate it by mutual agreement. Its a fixed term so they are as bound to it as you, except unless you both agree.
It depends on what you are thinking you want to do, certainly she cant just turf you out, so if she really wants back in you could use it to your advantage, as it wont be long before you have to look for somewhere anyway. Maybe she is desperate (and Im not saying thats reason you should vacate before the end of the lease) but it might be advantageous to both parties (particularily you).
Technically, Id say you can stay there till the end of the lease.

Miguel_Sanchez

Thanks for all the advice guys.

Landlord reread the lease and realised that 2 months was what we had agreed. All settled amicably.

The_Conductor

Thanks OP.
Thread closed.