Interpreting a Break Clause

PheoUK

PS I think the last sentence is essentially trying to say that the contract determines what happens with deductables e.g. damage to the property, etc, at the end of the 2 month notice period i.e. after the notice is served, and played out, they'll refer to the tenancy contract to determine how much of the deposit to return.

Benji

Zogger wrote: »

Nope, hence I'm waiting for exchange before giving notice Dates were just examples but I suspect the exchange is likely to happen on a friday. Assuming notice was delivered on the 8th of November would you think the last day of the tenancy would be the 8th of January? or maybe the 9th or even 10th?

The date of service does not count towards the 2 months, so it would commence from 9th November and your final day in the property would be the 8th January, leaving before midnight.

00:01 9/11/11 to 23:59 8/1/12 = 2 months (well 2 months less 2 minutes but I've changed the times for clarity)

Zogger

PheoUK wrote: »

What kind of tenancy are you in? Notice period on a statutory periodic is 1 month... if the initial AST Term has elapsed (i.e. you had a 6 month AST, its now month 7, the 6th month AST is no longer the tenancy, instead you have a rolling periodic).

Be aware you need to give notice in calendar months matching the rent period e.g. if you give notice 1 day after paying your rent, you are liable for 1 month and 29 days rent!

as mentioned I'm still in the fixed term and this is a break clause that doesn't seem to have any restrictions on the date of expiry of the notice, so I'm hoping the matching the rent period thing doesn't apply (having said that I would rather the fixed term had expired as my maximum liability would be less than the current 2 calendar months!)


Thanks Benji as that seems to answer my question