When can I give notice?

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    When can I give notice?

    Hi. I'm a Tenant with a 12 month AST, with a 2 month break clause after 6 months. I'm in month 8 now. Can I give notice mid month, changing my final rent payment to match or has it got to align with the normal rent payment dates? My agreement states "any time after six months" I can give notice, with no mention of if it has to be specific dates. Just waiting for a mortgage approval so don't want to be paying for both for too long.

    TIA.

    #2
    Welcome to LLZ: Please quote **EXACT** wording of break clause, ANY mention of notice periods in the tenancy agreement and start date, please. Without that (& possibly more) any answer would be speculation..

    Good luck with the new purchase!
    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


      #3
      Thanks. The exact wording is: (my underlining)

      Mutual Break Clause: Any time after six months of the initial fixed term of this tenancy (or after a similar period following a fixed term extension to the original tenancy) either party may invoke this break clause by providing a minimum of two months written notice to the other (such notice to expire on the last day of a rental period of the tenancy). At the end of such notice the tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either party against the other in respect of any breach of any of the terms and conditions of the agreement
      Start date was 15th Sep 2010.

      It's the underlined bit I guess I'm not quite sure on.

      Comment


        #4
        Blimey, dunno.. it seems to say can't expire before 14th Sept 2011.. not much of a break clause...

        Any other views??
        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


          #5
          Originally posted by r1biker View Post
          Start date was 15th Sep 2010.

          It's the underlined bit I guess I'm not quite sure on.
          But what are the rent payment days?

          Comment


            #6
            Originally posted by Lawcruncher View Post
            But what are the rent payment days?
            The 15th of every month.

            Comment


              #7
              Start date was 15th Sept 2010, and the six months from then ends at midnight on 14th March 2011. So as from 15th March you can exercise the break clause.

              Rent is payable monthly on the 15th, so the rental periods run 15th - 14th of the month, so the notice must expire on the 14th of the month.

              If you gave notice today, 21st April, two months takes you to 21st June (you exclude the date of service). The next 14th is 14th July. So the notice would have to say it expires on 14th July.

              Note that if you (the tenant) exercise the break clause it has the effect of ending the fixed term, and your tenancy, at notice expiry. You need to be sure that you are going to vacate on or before that date.

              Comment


                #8
                Originally posted by theartfullodger View Post
                it seems to say can't expire before 14th Sept 2011.
                No, it doesn't. However do you read that out of the wording?
                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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