terminating tenancy agreement

dianah

hello

we're in the process of buying a house and we're renting at the moment. the tenancy periodically renews itself every 6 months.
i pulled out the letting agreement to check what notice we're supposed to give once we definitely know when we're moving. the rent date is on the 14th of each month - we were hoping that we could put the notice in on the 14th of may but my solicitor said we might not know anything by then which is fair enough.

but, i am being thick - can someone read this bit of the tenancy agreement and tell me what they mean?
what i think it means - we can either give them a 1 calendar month notice on 14th of may or once the six months period is up, we can give 1 calendar month notice.
the letting agreement is dated 14/12/09

... this agreement may be terminated at the expiration of FIVE MONTHS from the date hereof by either party upon giving to the other party ONE CALENDAR MONTH'S NOTICE IN WRITING, or the payment (by the Tenant) of one month's rental in lieu of one month's notice and in the event that it is mutually agreed that the lease should continue in force after the expiration of the agreed six months period this agreement may be terminated by either party upon giving to the other party ONE CALENDAR MONTH'S NOTICE IN WRITING


thanks

poppysarah

Do you sign it every 6 months?

dianah

i don't think so. my husband goes to the letting agent to pay rent every month and they gave him a copy of the agreement in december.

he used to live in the same property with his brother who took care of the bills, however, brother moved out two years ago and the december dated agreement was the first we got.

poppysarah

If you don't resign anything then you're on a periodic tenancy which should mean you give notice from a rent day for a month hence.

However until you've exchanged and got a completition date you shouldn't do anything. You can speak to your LL now and let them know if you like - but as soon as they know they might start bothering you about dates/viewings for your current home.

Get an exchange date done first - you can ask your solicitor for more advice maybe.

dianah

ok, the above appears to be a lie - my husband just came home and said he gets them every six months, though apparently he never signs them.

yes, that's exactly what my solicitor said - wait until you know the date which i definitely want to do as we'll need at least 2 week overlap and all - don't really want to end up homeless!

i'm confused with the 5 months from the date business - i mean, if it renews itself every six months and we can only give notice five months from the date of the agreement...

G_M

Either you have signed repeated 6 month contracts which means you cannot leave till the 6 months is up (and you don't need to give notice - just leave) OR
your 6 months contract is finished, you did NOT sign a new one and you have a (monthly) periodic agreement, in which case you need to give at least 1 months notice ending on a rent day.

dianah

thanks g_m! we might exchange before the next rent date - fingers crossed! that would make things easier

tbs624

Dianah - is the property in Eng/Wales or Scotland? If Scotland, notice periods within each Fixed Term need to have particular attention paid to them if the doctrine of Tacit Relocation applies to the contract.

The LL may not simply give the T one month's notice btw - it's a minimum of two from the LL.

dianah

it is the isle of man - most of our laws are based on english law, the letting agreement quotes the 'First Schedule of the Tenancies (Implied Terms) Act 1954' - does that mean anything to you?

i now think this might be a fixed term tenancy given that it states that
'Witnesseth the landlord lets and the tenant takes for SIX MONTHS from the date hereof at a calendar months rent of blabla'

but then the termination bit doesn't make sense...

how can you give them a month notice after the six months period if the six months renews and then you have to wait for 5 months from the date of the letting agreement?

also, the agreement states that we have to 'allow access to prospective tenants or buyers accompanied by the ll's agent' - do they usually do this before you move out?

G_M

how can you give them a month notice after the six months period if the six months renews and then you have to wait for 5 months from the date of the letting agreement?

The 6 months only renews if you sign for another 6 months. If you don't sign the contract becomes periodic (assuming English law).
Once periodic, the 1 month notice applies.

Whatever the contract says about viewings, you can refuse. You have the right to 'quiet enjoyment' of the property which means no interruptions without your consent which you can refuse. Best to allow viewings at convenient times though to keep things amicable.

dianah

brilliant! thank you so much!