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Giving Notice
Sallys_Savings
Posts: 1,641 Forumite
I was wondering if anyone can help me with a query regarding notice.
My son and his family are desperate to leave their present home and have had an opportunity to move into another property in a months time. Unfortunately they have been told over the phone that they need to give a months notice on the anniversary of their rent (which is the 1st of the month) in the property they are in a the moment. This will mean that they will miss the chance of the other house if they have to leave it until the 1st of March and then leave on the 1st april
Now they have just checked their agreement and it reads (not exact as son has agreement at his home at moment):.......
"The tenant to give the landlord one months notice in writing.
The Landlord to give the tenant two months notice on the anniversary of the rent date in writing."
Now reading this it sounds like the tenant is able to give notice whatever date in the month as long as it is a months notice????
What does everyone else think?
My son and his family are desperate to leave their present home and have had an opportunity to move into another property in a months time. Unfortunately they have been told over the phone that they need to give a months notice on the anniversary of their rent (which is the 1st of the month) in the property they are in a the moment. This will mean that they will miss the chance of the other house if they have to leave it until the 1st of March and then leave on the 1st april
Now they have just checked their agreement and it reads (not exact as son has agreement at his home at moment):.......
"The tenant to give the landlord one months notice in writing.
The Landlord to give the tenant two months notice on the anniversary of the rent date in writing."
Now reading this it sounds like the tenant is able to give notice whatever date in the month as long as it is a months notice????
What does everyone else think?
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Comments
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When did they move in, how long was the initial term and have they renewed subsequently?Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0
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As DVardy says, much depends whether they are still in the Fixed Term of their tenancy. When did it start? How long for? End date?
Is there a 'break clause'?0 -
They moved in on the first of the month.
Their original agreement was for 6 months but changed to a monthly roll over.
Not sure if there is a break clause as I dont have the agreement here (will be popping over tomorrow to have a look).
We've never rented ourselves and this is the first property they have rented so we are abit unsure of what it means.
Thanks for your quick replies0 -
And which month was that, or is it a secret ???? :shhh::shhh::shhh:Sallys_Savings wrote: »They moved in on the first of the month.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
sorry lol ...1st november 2010 on 6 month contract, renewed again on 1st May 2011 and again 1st November 2011 and then changed to a monthly rollover.0
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Well, 6 months from 01 November 2011 is 30 April 2012 to be out of their current agreement if that was 6 months. It does not look like it has gone 'rolling' [periodic] yet. And their notice needs to be in by 31 March 2012. Unless there are break clauses, or the contract is contractual periodic.
Don't rely on the clauses you have quoted. They very much depend on their context.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
so:Sallys_Savings wrote: »sorry lol ...1st november 2010 on 6 month contract, renewed again on 1st May 2011 and again 1st November 2011 and then changed to a monthly rollover.
1st Dec = 1 month (of 6?)
1st Jan
1st Feb
1st March
1st April
1st May
So the current fixed term which started on 1st Nov 2011 ends on 1st May (well actually 30th April) 2012. That is when the tenancy ends. As it is a binding contract (unless there is a break clause) rent is payable till then.
If they wish to leave on 30th April, no notice is needed - they can simply move out when the fixed term ends.
It does not appear to be a rolling periodic tenancy from the dates you provide.
If they wish to leave earlier, they will need to negotiate an agreement with the landlord or his agent0 -
OP should quote more of the agreement in order for us to see what's around this one month notice by tenant.
From what's quoted so far it might mean that tenant is able to serve notice anytime to end the tenancy.Sallys_Savings wrote: »The Landlord to give the tenant two months notice on the anniversary of the rent date in writing.
That's another example of a meaningless sentense... By definition there's only one 'anniversary' per year. So what is the 'anniversary of the rent date'? One year from the date the rent is paid? But then which rent?0 -
jjlandlord wrote: »That's another example of a meaningless sentense... By definition there's only one 'anniversary' per year. So what is the 'anniversary of the rent date'? One year from the date the rent is paid? But then which rent?
Presumably each month, rent is paid ie Jan 1st = rent for Jan; Feb 1st - rent for Feb etc
Each of these 'rent dates' (Jan 1st; Feb 1st) has an anniversary a year later.
So after 12 months (ie anniversary of the 1st rent day), the LL can give 2 months notice. Or a month after that on the anniversary of the 2nd rent day.
I have no doubt this is not the intention of the clause. And whether a court would interpret the "meaningless sentense" as I have just done is equally open to question.0 -
Thank you for everyone to take the time to reply..I'll show my son all your replies.
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