Clarification on ending contract.

Broke_Student

Hi everyone. I would appreciate some clarification on the steps I should take to end my contract at my student house.

We moved in 17/09/08. The contract is for 12 months but with 6 motnhs break clause. The rental agreement was 6months upfront and then monthly from month 4 onwards (i.e. landlord always has 2 months in advance).

Ideally I would like to move out on 05/07/09 to save as much money as possible.

The relevent part of the contract states:
Break Clauses

43.1[FONT=&quot] [/FONT]The Tenant agrees that the Landlord has the right to terminate the Tenancy at the end of the first six months by giving the Tenant not less than two months’ prior notice in writing to end the Agreement. The notice must expire at the end of a relevant period, being the 16th day of the month. When the notice period expires the Agreement 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 Agreement.
43.2[FONT=&quot] [/FONT]The Landlord agrees that the Tenant has the right to terminate the Tenancy at the end of the first six months by giving the Landlord not less than one month’s prior notice in writing to be served by first class post or hand delivery to the address specified in clause 41.1 of the Agreement, to end the Tenancy. The notice must be served prior to the date upon which it takes effect but cannot take effect any earlier than 16/02/2009 and cannot expire any earlier than 16/03/2009. Such notice must expire at the end of a relevant period, being the 16th day of the month. When the notice period expires the Agreement 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 Agreement.

Questions I have:
-Do I have to move out on the 16th of the month?
-When do I give notice (greater than 1 month or greater than 2 months in advance)? I was unsure as the rent is taken 2 months in advance.
- If the notice period is 1 month, is it ok to tell the landlord 2 months in advance and tell him to just keep the 2months rent he already has, or, would I have to pay rent up to 17/06/09 and get a months refund (+deposit) when I give my notice?
- If I do have to stay on to the 16th day, is it normal to ask politely for him to accept we move out on the 5th day (the wording may just be standard stuff keatons put in and he seems like a nice guy).

Thanks,
BS.

Debt_Free_Chick

Broke_Student wrote: »

Do I have to move out on the 16th of the month?

The date you move out is irrelevant - you will pay rent up to the 16th of the month. However, if you gave the LL more than one month's notice he might agree to you moving out and paying rent up to a different date e.g. if you gave him notice before 16 May and asked if you could end the agreement on 5 July, he might allow this - but he is not obliged to.

-When do I give notice (greater than 1 month or greater than 2 months in advance)? I was unsure as the rent is taken 2 months in advance.

The payment of rent is irrelevant. You must send a letter stating that you are giving notice to begin on (e.g.) 16 May. This letter must sent to the LL before this date i.e. he needs to receive the letter before 16 May (before the notice period begins).

- If the notice period is 1 month, is it ok to tell the landlord 2 months in advance and tell him to just keep the 2months rent he already has, or, would I have to pay rent up to 17/06/09 and get a months refund (+deposit) when I give my notice?

It should be OK to give 2 months notice which covers the rent you've already paid.

- If I do have to stay on to the 16th day, is it normal to ask politely for him to accept we move out on the 5th day (the wording may just be standard stuff keatons put in and he seems like a nice guy).

Yes. But you must give at least one months notice and more is better if you want to negotiate.