Appropriate notice procedure

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    #16
    Originally posted by Paul Gibbs View Post
    I understood it to mean that where a contractual clause is ambiguous, it is construed against the party who imposed it into the contract.
    So, in this case, would that mean that if T wished to end the contract, the six month term would apply; and if LL wished to end the contract (against the wishes of T), the 12 month term would apply?

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      #17
      Originally posted by Paul Gibbs View Post
      I understood it to mean that where a contractual clause is ambiguous, it is construed against the party who imposed it into the contract.
      Yes- you've rephrased my post but to like effect.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
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        #18
        Cheers guys.

        You have of course identified the 'missing link' which we did not spot-determination of what ?

        Seems we need to plough on regardless-feeling uncomfortable about the outcome-but give them notice and keep fingers crossed it works out in our favour .

        They will be 2 months behind in rent by 6th August anyway-so if necessary-hopefully have that to fall back on.

        We'll see what happens !!

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          #19
          Just looked at the agreement again-and then gone back to my post in this thread-post no 7 -where i set out the wording of the agreement:

          it may not be that clear but the wording is:


          but subject to earlier determination as set out in this Agreement.

          The term of this tenancy is fixed for a term of 6 (six)months (the said term ) from the 7th February 2010.



          The second paragraph follows on from the para above-and whilst arguably there should be a colon after Agreement in the first para,and not a full stop- the dates of the earlier determination referred to are the term of 6 months from 7th feb-as per the second para-does that make sense ? so there is in fact a sentence and indeed specific dates which do directly relate to the 'earlier determination'

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            #20
            It still doesn't say what you want it to say. There are two fixed terms stated and it goes on to say "the landlord must give two calendar months previous notice in writing which cannot expire before the end of the fixed term". A break clause should, for a start, allow either LL or T to exercise the clause, and to exercise it before the end of the fixed term (not create a fixed term within a fixed term) - otherwise it's not a break clause, is it?

            It looks to me like a bad cut 'n' paste job, with someone adding the second bit copied from another agreement, thinking it was some form of break clause.

            .... descibed in the inventory which has been signed by or on behalf of the parties and annexed here to hold for a term from
            twelve noon on the 7th february 2010 to
            twelve noon on the 6th february 2011
            but subject to earlier determination as set out in this Agreement.


            The term of this tenancy is fixed for a term of 6 (six)months (the said term) from the 7th February 2010.
            .....the landlord must give two calender months previous notice in writing which cannot expire before the end of the fixed term.

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              #21
              You are of course correct westminster -and thanks for clarifying and making it succinct-genuinely appreciated

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                #22
                Originally posted by michaelmichael View Post
                You are of course correct westminster -and thanks for clarifying and making it succinct-genuinely appreciated
                You're welcome, and good luck. BTW, I follow a legal blog written by a firm of reputable, specialist landlord & tenant solicitors, and they've just started selling a few documents/forms online, including a *break clause*. Only £5 +VAT, so although it's only a simple paragraph, it'd be worth it, I reckon, given the number of times we hear tales of unenforceable break clauses on the forum

                http://www.painsmith.co.uk/Shop/Shop-_Clauses

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