Notice Periods

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Notice Periods

    I have been renting a property for 16 months. I initially signed a 12 months contract and then signed a new 12 month contract in January 2012 that had the following 6 month break clause;

    6 month break clause: it is agreed the tenenant is able to serve one months notice to vacate the property but only after the initial 5 months have been completed. The landlord is able to serve two months notice but only after the initial 4 months have been completed.
    So here we are 4 months in to the new contract and the landlord has used the break clause to serve 2 months notice. I went out and looked for and found a new property that will be available next month. However due to the first line where I have not completed the initial 5 months from this "new" contract date do I still have to serve two months notice?

    Am I unable to move and stuck paying rent on the current property for 2 months as I am unable to serve notice(despite the landlord already serving notice)? Basically am I only able to (financially) move on their terms?

    **I should note that I am still within the agreed rent date(x2) as they gave a little over two months notice.

    #2
    Since the first five months have not yet elapsed you cannot serve any notice. As soon as they have, I can see no reason why you should not be able to serve a notice which expires before the landlord's notice.

    Comment


      #3
      Originally posted by Lawcruncher View Post
      Since the first five months have not yet elapsed you cannot serve any notice. As soon as they have, I can see no reason why you should not be able to serve a notice which expires before the landlord's notice.
      Would the 5 months be from January 2011, or does it reset to January 2012 with the new 12 month contract?

      Comment


        #4
        Originally posted by Lawcruncher View Post
        Since the first five months have not yet elapsed you cannot serve any notice. As soon as they have, I can see no reason why you should not be able to serve a notice which expires before the landlord's notice.
        But what is the effect of the notice? The break clause says "notice to vacate the property" not end the tenancy. Is this resolved by the "6 month break clause" heading?

        Comment


          #5
          Originally posted by rj_uk View Post
          Would the 5 months be from January 2011, or does it reset to January 2012 with the new 12 month contract?
          As of January 2012.

          Comment


            #6
            If the landlord is exercising the break clause, the end of the fixed term is being brought forward to x July 2012. Therefore as it is the new end of the fixed term, surely rj_uk can leave without notice on X July 2012?

            Comment


              #7
              Originally posted by westminster View Post
              But what is the effect of the notice? The break clause says "notice to vacate the property" not end the tenancy. Is this resolved by the "6 month break clause" heading?
              I think we have to take the clause as a whole, even if not well-drafted. Indeed, ignoring the opening words, in practice what would a "notice to vacate" achieve if it did not bring the tenancy to an end?

              Comment


                #8
                Originally posted by rj_uk View Post
                Would the 5 months be from January 2011, or does it reset to January 2012 with the new 12 month contract?
                Unless there is some clear contra-indication, it is reset.

                Comment


                  #9
                  Originally posted by Snorkerz;
                  If the landlord is exercising the break clause, the end of the fixed term is being brought forward to x July 2012. Therefore as it is the new end of the fixed term, surely rj_uk can leave without notice on X July 2012?
                  Ideally I want to leave on X June 2012 as it is highly unlikely the property I wish to move to will still be available for very long.

                  Originally posted by Lawcruncher;
                  Unless there is some clear contra-indication, it is reset.
                  Its an unusual concept, (every) year from January through May I must give 2 months and the rest of the time only 1 month!

                  To conclude: As it appears I have to give 2 months notice Im going to appeal to their better nature and ask if I can get out early. Hopefully they want the property back sooner and the notice given so far were only due to contractual obligations. If they were to refuse are there any other ways out of the contract sooner?

                  Comment


                    #10
                    Originally posted by rj_uk View Post
                    Its an unusual concept, (every) year from January through May I must give 2 months and the rest of the time only 1 month!
                    How do you work that out?

                    Comment


                      #11
                      Originally posted by Lawcruncher View Post
                      How do you work that out?

                      6 month break clause: it is agreed the tenenant is able to serve one months notice to vacate the property but only after the initial 5 months have been completed. The landlord is able to serve two months notice but only after the initial 4 months have been completed.


                      The contract states I have to give 1 months notice but only after the initial 5 months. If the contract is renewed every january then for the first 5 months of every year I am unable to give notice.

                      Comment


                        #12
                        If that clause is included in the new fixed term Contract you signed, then it applies from the start date of that contract. If you did not want it, should have allowed previous AST to go SPT, with less security of tenure for you.

                        The orig contract is not renewed (extended) every year if a new Contract is signed by both parties.

                        Comment

                        Latest Activity

                        Collapse

                        Working...
                        X