Help With AST Tenancy Contract

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    Help With AST Tenancy Contract

    Hi

    I just wanted to make sure of something and wondered if someone could help.

    My wife and i want to move out of the property we are renting. The tenancy length is 24 months long with a 12 month break clause. The contract break clause reads as below:

    "If the tenant shall desire to determine the tenancy hereby created at or at any time after the end of the first twelve months and shall give the landlord, not less than one months previous notice in writing....."

    To me that means i can give 1 months notice at the 11th month? Is that correct. The landlord think i have to give notice on the 12th month, that would mean i would be living here until the 13th month.

    Who is correct in this situation?

    Thanks for your help.

    #2
    Subject to the more valid opinion of our legal experts, I believe you are correct. You may leave the property at the end of the 12th. month, provided notice to this effect was served on the landlord before the end of the 11th. month.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


      #3
      Originally posted by amit08 View Post
      If the tenant shall desire to determine the tenancy hereby created at or at any time after the end of the first twelve months and shall give the landlord, not less than one months previous notice in writing.....
      I'd go with your interpretation, that the earliest the tenancy can be ended is at the end of the first twelve months by you giving at least a month's notice (i.e. it doesn't have to be exactly one month, served at the beginning of the 11th month).

      Comment


        #4
        In actual fact i had given my notice already, back at the beginning of April, which would make it more like 2 months.

        Comment


          #5
          If the tenant shall desire to determine the tenancy hereby created at or at any time after the end of the first twelve months

          Did you desire to end the tenancy at some time after the end of the first 12 months?

          and shall give the landlord, not less than one months previous notice in writing

          Did you give not less than a month's notice?

          The answer to those two questions being "yes" the notice is valid.

          Comment

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