Notice Not Accepted

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    Notice Not Accepted

    Good afternoon, I wonder if anyone could give their opinions on our situation?

    Our 7-month assured shorthold tenancy agreement is due to expire in mid November. We were served our notice in good time and told we could either sign up for a 6-month extension with a 2-month break clause or vacate the property in mid November. We signed up for the new agreement (a Memorandum of Agreement) valid from mid November to mid May which is worded "On a six monthly basis with either party being able to give 2 months' notice for vacation otherwise on the same terms".

    We then tried to give in notice a few days ago to vacate the property in mid December (so two months' notice). This has been rejected and we've been told the earliest we are allowed to leave is mid January due to the terms of the new agreement (which hasn't started yet but we are signed up for).

    So without realising it we've signed up for something which they're saying offers us no possible way of leaving in December. Are we stuck until January?

    Thank you.

    Extra info: We're in England. It's a whole property which my partner and I are joint tenants in. Rent is due on a monthly basis. A protected damage deposit was paid.

    I think you need to quote the exact wording, especially the break clause.

    The advice that would be given to landlords here would have been to simply let the AST become an SPT, in which case you would only need to give one month's rounded up to the December rent payment date.


      Thanks for your response.

      It was a pretty standard AST and the landlord did not agree to turn it into an SPT, as we had originally requested. Probably because it was through an agency and they wanted the renewal fee. So we signed up to a Memorandum of Agreement which states:

      "BY THIS MEMORANDUM dated the 13th November 2018 the above named Landlord and Tenant wish to record that the tenancy hereinbefore created should continue from 13th November 2018 to 13th May 2019 on a Six Monthly basis with either party being able to give 2 months' notice for vacation otherwise on the same terms."

      So technically we're still within our initial 7-month AST, but are trying to provide two months' notice to leave in December and they're saying we cannot because the contract doesn't start until 13th November, at which point we can hand in notice for January.


        I think LL is correct but please complete & paste


          If you're in the original fixed term then you can't serve a valid notice until it ends.


            LL is correct.

            You have agreed to, and signed, a new tenancy starting 13th November, with a 2 month break clause.

            You can't invoke that break clause before the new tenancy has started.

            So 2 months from 13th November, ie. 13th January, is the earliest that you can 'break' that new tenancy agreement.

            You can leave whenether you like, but you are still liable to pay rent until 13th January.


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