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  • FIRST POST
    • chopyhop
    • By chopyhop 5th Oct 17, 6:04 PM
    • 2Posts
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    chopyhop
    Giving notice on a 12 month AST with a 6 month break clause
    • #1
    • 5th Oct 17, 6:04 PM
    Giving notice on a 12 month AST with a 6 month break clause 5th Oct 17 at 6:04 PM
    I am a tenant seeking advice on the notice period I must give to leave my assured shorthold tenancy agreement. The reason I want to leave is that I aim to complete on a house purchase around the 20-30th of this month (october).

    I am unsure of whether I can serve two months notice from any day of the month; I interpret the clause such that I can give two months notice at any time and pay proportional rent up to the final day. The clause is listed below, is my interpretation correct or false?

    If I am able to leave the property during the first month of the notice, and the landlord is able to find a new tenant for the second month of the notice, would I still be liable to pay for the second month rent? Also, if I pay for the second month and during that month, following vacant repossession, the landlord fills the house, would I be entitled to a partial refund?

    Term

    3.1. The Tenancy will be for a Term of 12 Months from and including 29 April 2017 to and including 28 April 2018 subject to either party’s right to end the Tenancy early in accordance with the break clause (35.0) below.
    Rent

    4.1. £1,000.00 (One thousand pounds ) for each month of the Tenancy payable in
    advance. The first payment shall be made on the 26th. Thereafter, payments shall
    be made on the 26th day of each month.

    Individually Negotiated Clauses
    35.0 Either party may serve notice at any time to terminate the tenancy by providing a minimum of two months written notice to the other, the tenancy may not end until after 6 months of the initial fixed term of this 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. For the avoidance of doubt, once the notice referred to in this clause has been exercised it cannot be revoked under any circumstances.
    Thanks a lot.
Page 1
    • 00ec25
    • By 00ec25 5th Oct 17, 6:14 PM
    • 5,047 Posts
    • 4,393 Thanks
    00ec25
    • #2
    • 5th Oct 17, 6:14 PM
    • #2
    • 5th Oct 17, 6:14 PM
    the break clause does indeed read as though the contract can be ended any time after 28th October 2017 (the 6th month point) provided that 2 (calendar) months notice has been given.

    Therefore, if served (delivered to the LL) by hand tomorrow, the 6th October, the earliest notice could be timed to end would be 5th December. If served by first class post you must add 2 days to allow for postal delivery

    obviously you are liable for rent up to the date of the end of the tenancy (notice expiry date). If you move out and the LL lets the property to new tenants the LL is not allowed to collect double rent, so either you get a refund or the new tenants get a free start - that is an issue you would need to negotiate with the LL.
    • G_M
    • By G_M 5th Oct 17, 6:18 PM
    • 41,507 Posts
    • 47,913 Thanks
    G_M
    • #3
    • 5th Oct 17, 6:18 PM
    • #3
    • 5th Oct 17, 6:18 PM
    I am unsure of whether I can serve two months notice from any day of the month;
    yes, since it does not specify anything else
    I interpret the clause such that I can give two months notice at any time
    Yes
    and pay proportional rent up to the final day. The clause is listed below, is my interpretation correct or false?
    Rental perios are normally not divisible so rent may be owed u to the end of the rental period in which the tenancy is ended.

    however many landlords would agree to pro-rata payment in the fnal month.

    If you give notice to end the tenancy mid-rent-period, I'd calculate the daily rent and make your final rent payment based on the number of days till the tenancy ends. Then see if the LL responds.

    If I am able to leave the property during the first month of the notice, and the landlord is able to find a new tenant for the second month of the notice, would I still be liable to pay for the second month rent?
    You cannot end the tenancy earlier than 2 months unless the LL agrees.
    The LL cannot grant a new tenancy until your 2 months notice expires, unless you agree.
    Talk to your landlord.
    Also, if I pay for the second month and during that month, following vacant repossession, the landlord fills the house, would I be entitled to a partial refund?
    As above - the LL cannot 'fill the house' till your tenancy ends which takes 2 months. (unless you agree)
    Thanks a lot.
    Originally posted by chopyhop
    .................................................. ..............................................
    • chopyhop
    • By chopyhop 5th Oct 17, 6:20 PM
    • 2 Posts
    • 0 Thanks
    chopyhop
    • #4
    • 5th Oct 17, 6:20 PM
    • #4
    • 5th Oct 17, 6:20 PM
    Thanks 00ec25 and G_M for your clear responses.
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