Notice in the second AST Tenancy Agreement

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    Notice in the second AST Tenancy Agreement

    Hi,

    The first of March I will move abroad for work so I'll need to leave my house, but my state agency is not accepting my notice.
    In the contract is written that I can give at least one month notice after the first year (already passed).
    The agency gave me a new contract at the end of the first year, where is written that it renews and extends the previous one (it also report the date of the 2015).
    The agency says that the date to be considered is that one in the new contract, so it affirms that I have to pay the rent until the expiring date.

    Could you please tell me your though?

    Here the part of the contract related to the notice period:

    The Landlord and Tenant have the right to terminate the Tenancy on or after the first twelve months by giving the Landlord not less than one month from the Tenant and two months from the Landlord prior notice in writing. The notice must be served prior to the date upon which it takes effect. When the notice period expires the Tenancy shall cease. This does not affect the right of either the Landlord or the Tenant to pursue their legal remedies against the other for any existing breach of any rights under the Tenancy Agreement. For the avoidance of doubt, once the notice referred to above has been exercised it cannot be revoked under any circumstances.

    The Tenant is holding over the premises on the terms of an existing Agreement dated 13/06/2015 and made between the same parties hereto together with the contents therein specified in the Inventory and Schedule of Condition (the “Existing Agreement”) and this Agreement renews and extends the Existing Agreement. Both the Landlord and the Tenant agree for the period of this Agreement to observe and perform their obligations under the Existing Agreement.

    Thank you,

    Kind Regards,

    Alessio

    #2
    Did you actually agreed to and signed the second contract?
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      Yes, I signed the second contract on 03/05/16

      Comment


        #4
        If you signed a new AST for twelve months then you are bound by it for 12 months.

        I'm confused with the 2015 thing though. Did they just reprint your old AST and forget to change the date? Did you sign and date it correctly?

        Comment


          #5
          The second contract is the same as the previous one. The dates are different and more it is reported the it renew and extend the first one, dated on 2015.

          Comment


            #6
            You are liable for rent until the end of the second 12 months. See if you can negotiate something with the landlord where you pay for the cost of them advertising for a new tenant, so that you can end your liability earlier.

            BTW, if that contract doesn't provide for the tenancy to continue under a contractual periodic basis, then that clause is absolutely useless since it doesn't apply after the fixed term ends.
            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

            I do not answer questions through private messages which should be posted publicly on the forum.

            Comment


              #7
              I can now see OPS point that they have given her a contract that holds over the tenancy with the same terms as the first AST.

              That AST states that notice can be given after the first 12 months but is there a provision within the 2nd AST for a further 12 month?

              Comment


                #8
                The notice must be served prior to the date upon which it takes effect
                I'd like to see a one month notice that succeeds in doing otherwise...

                Comment


                  #9
                  I have never experienced an AST like that before.

                  The terms of notice on the first AST serve no purpose but if the second AST is allowed to be treat as an extension of the first, then it seems landlord has Inadvertantly handed over a break clause?

                  I'm sure someone legally qualified will advise

                  Comment

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