Clause re length of term and Notices- is it valid?

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    Clause re length of term and Notices- is it valid?

    A term of 1 year (52 weeks) from 1st November 2009.
    The Landlord and Tenant agree that either party can give notice after 6 months of the term provided that either party gives 2 months (8 weeks) notice.


    It seems very clear to me.

    Thanks in advance
    Madasafish

    #2
    Originally posted by madasafish View Post
    A term of 1 year (52 weeks) from 1st November 2009.
    The Landlord and Tenant agree that either party can give notice after 6 months of the term provided that either party gives 2 months (8 weeks) notice.


    It seems very clear to me.

    Thanks in advance
    Madasafish
    I disagree. It seems somewhat ambiguous to me.

    Are you the T or the LL?
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #3
      Is the duration 1 year or 52 weeks? (they are not the same)

      Is the notice period for the break 2 months or 8 weeks?

      Can tenancy be ended at 6 months by giving notice at 4, or can notice only be given at 6, for departure at 8? And is 6 months, 6 calendar months, or 6 lots of 4 weeks?

      Comment


        #4
        Originally posted by madasafish View Post
        A term of 1 year (52 weeks) from 1st November 2009.

        A year isn't always equivalent to 52 weeks. If this is a draft of a contract, remove this bit.

        The Landlord and Tenant agree that either party can give notice after 6 months of the term provided that either party gives 2 months (8 weeks) notice.
        No, it's not at all clear. Either party can give notice provided either party gives notice....how's that going to work?

        When can they give notice? How may they give notice - in writing, verbally, by carrier pigeon? And a month means a calendar month, not 4 weeks.

        The whole thing is a dog's dinner.

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          #5
          It seems very clear to me.
          #
          #

          If that seems clear to you I suggest you get a solicitor experienced & respected in Landlord/Tenant matters to draw up the agreement instead..


          Cheers!

          Lodger
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment


            #6
            The start date is 1st November 2009

            Comment


              #7
              Ok...what is the worst case for me as the Landlord.

              Madasafish

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                #8
                Originally posted by madasafish View Post
                Ok...what is the worst case for me as the Landlord.

                Madasafish
                Tenant gives notice at 8 weeks before 1st May and moves out on 1st May? However since the 52 weeks began last November 1st and May 2010 has come and gone, and assuming T is still there, we must assume that T can now give notice at any point to end the tenancy with 8 weeks' notice.

                Pig's ear of a break clause, though.
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                  #9
                  Thank-you "mind the gap"

                  I cannot work out how u calculate 1st May.

                  Can you please explain?

                  Madasafish

                  Comment


                    #10
                    Originally posted by madasafish View Post
                    Thank-you "mind the gap"

                    I cannot work out how u calculate 1st May.

                    Can you please explain?

                    Madasafish
                    Because it is a confusing and in some ways nonsensical beak clause, a judge would probably interpret it in the T's favour.The most tenant-friendly interpretation of this break clause that I can imagine is that T has the right to leave after the first 6 months of the tenancy.

                    That 6 months would be up on 1st May.

                    Is the T still there, or not?

                    And what on earth did you hope it would mean when you drafted it?
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                      #11
                      I think MTG meant 30th April - the 6 month anniversary. Obviously, this far into the agreement, the T could give 8 weeks notice today and leave on 10th October.

                      Comment


                        #12
                        Originally posted by Snorkerz View Post
                        I think MTG meant 30th April - the 6 month anniversary. Obviously, this far into the agreement, the T could give 8 weeks notice today and leave on 10th October.
                        Well, I interpreted the right to give notice as beginning at any point after the first six months (1st Nov-30th April) was over, which would mean on any date from 1st May onwards. It's academic really, given the meaninglessness of the clause generally!
                        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                        Comment


                          #13
                          Originally posted by mind the gap View Post
                          Well, I interpreted the right to give notice as beginning at any point after the first six months (1st Nov-30th April) was over, which would mean on any date from 1st May onwards. It's academic really, given the meaninglessness of the clause generally!
                          Touché MTG

                          Comment


                            #14
                            Originally posted by Snorkerz View Post
                            Touché MTG
                            Wow, I'm impressed with the French accent, Snorkerz. I hope Jeffrey sees it.

                            (What did I touch?!)
                            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                            Comment


                              #15
                              Originally posted by mind the gap View Post
                              Wow, I'm impressed with the French accent, Snorkerz. I hope Jeffrey sees it.

                              (What did I touch?!)
                              Had to ask my son how to do it! He has his own Pokémon website.

                              It's from my childhood memories of a cartoon called "Touché Turtle" who used to have the catchphrase "Touché Monsieur Pussy Cat".

                              [Alt Gr] + [e]

                              Comment

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