Some help with translating a letting contract.

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    Some help with translating a letting contract.

    Me and my wife just recenlty moved into a new flat on 16th June. Unfortunely the block of flats we've moved into have the worst soundproofing I've ever heard. None of our neighbours are particularly noisy it's just you can hear every footstep, the TV's, Hi fi's etc. Due to this our dog seems constantly on edge and I've got to say the noise drives me crazy too. Doesn't bother my wife at all though

    Now my problem is we've signed a 18month lease (idiots I know). I've been looking at our contract and it's got the following:-

    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 tenenacy) either party may invoike 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 all obligations and responsibilities shall cease; subject neverthless to any claim by either party against the other in respect of any breach of any of the terms and condidtions of the agreement. This is not to be served until the 16 June 2008

    Now does this mean that 6 months after my lease has started I can give two months notice and move out free as a bird or am I missing something?

    Thanks

    #2
    Yes you can move out after 6 months with no repercussions, i think they may have made a mistake on the date.
    I'm sure it should read Dec 2007
    Please note i may be in pumpkin mode, the light might be on but i may not be here

    Comment


      #3
      Thanks. Will the fact they've put the incorrect date be something they can hold me to? I should have noticed I guess but I honestly didn't think I would want to move out after six months.

      The wording seems to imply that after 6 months of the start of my Tenancy so in this case 16th June. so I should be able to leave on or after the 16th December? Or would I not be able to give notice until the 16th December and thus move out on or after the 16th Feb.

      As you can tell I'm quite new to this. Thanks again.

      Comment


        #4
        I'd have to look into that, as it's an 18month contract which is unusual (why 18?) i think you may have to give 2 months notice on the 16th December and end the tenancy on the 15th February 2008.
        I'll get back to you, maybe not tonight though ok
        It's also unusual for the tenant to give 2 months notice as it's normally only a month, ask your agent if the tenancy wording is accurate?
        Dont say why you want to know, some can get funny when they know you want to leave
        Please note i may be in pumpkin mode, the light might be on but i may not be here

        Comment


          #5
          Thanks. It's very much appreciated.

          Comment


            #6
            But surely the explicit date reference precludes service of Notice before 16 June 2008 in any event?
            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.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              So you think he 6 months won't apply until after June 2008?

              All very confusing

              Comment


                #8
                Originally posted by Busby View Post
                So you think he 6 months won't apply until after June 2008?

                All very confusing
                Read the original quotation's final sentence, please.
                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.
                2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                4. *- Contact info: click on my name (blue-highlight link).

                Comment


                  #9
                  I can see where it says "This is not to be served until the 16th June 2008"

                  So that means that this part at the beginning "Any time after six months of the initial fixed term of this tenancy" doesn't in fact apply? as I have to wait until 16th June 2008 anyway?

                  It almost looks like it's contradicting itself.

                  Comment


                    #10
                    Originally posted by Busby View Post
                    I can see where it says "This is not to be served until the 16th June 2008"

                    So that means that this part at the beginning "Any time after six months of the initial fixed term of this tenancy" doesn't in fact apply? as I have to wait until 16th June 2008 anyway?

                    It almost looks like it's contradicting itself.
                    (Sigh)
                    Let's break down quoted wording. The fixed term was 18 months from 16 June 2007.

                    1. Either party can serve Notice but not within first six months of term or of fixed-length extension.
                    2. The Notice must be of at least two months.
                    3. The Notice period must end when a rent period ends.
                    4. The Notice cancels all rights and obligations when it takes effect, except for then-existing breaches.
                    5. The Notice cannot be served before 16 June 2008.

                    Where is inconsistency? 1 and 5 are both necessary, because fixed-length extension could arise at any point after on or after 16 December 2008.
                    Last edited by jeffrey; 12-07-2007, 09:35 AM.
                    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.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                      #11
                      So the 6 month break clause is in fact a 12 month break clause?
                      Please note i may be in pumpkin mode, the light might be on but i may not be here

                      Comment


                        #12
                        This is totally contradictory.
                        How can you serve notice any time after six months, but not before twelve months.
                        Total rubbish.
                        Would 'Unfair terms' be appropriate in this case.

                        Tony

                        Comment


                          #13
                          I've got to agree here it does sound like it's a 12 month break clause and not a six month one as may be suggested in the first line.
                          Ambition is Critical

                          I don't profess to be a knowledge in all areas, my advice is based on life experience.

                          Comment


                            #14
                            Just to post thanks for the help Guys.

                            I had a word with the landlord and they have very kindly agreed that I can serve a 2 month notice period. So we now move out on 15th September. Very nice of them indeed.

                            Thanks again.

                            Comment

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