Newbie seeking advice

Barrett130

Hi everyone,
First of all great forum been looting here for a while and have read and made use of some very sound advice so thank you all! I sure hope that I can return the favour one day.

Now me and my partner are private renting and wish to terminate the contract so we can buy our first house. I'm basically after a second (or more) opinion on the terminology of our contract. By reading the copied text below am I right in thinking we can now give two months notice and then leave?
We moved in 27th November 2010 so the first 12 Months of 36 has passed.


Tenancy Period 27th November 2010 Ending on 26th November 2013
SPECIAL LETTING TERMS:
2. EARLY TERMINATION
2.1 By serving a minimum two months written notice the Tenant may terminate the tenancy at or at any time after the end of the first twelve months and will until the end of the notice period and vacant possession is given up if later pay the Rent and observe and perform the agreements and obligations on the Tenants part contained in the Agreement then immediately at the end of the notice period the tenancy will end but it does not release either the landlord or the tenant from any outstanding obligation or claim. It is further agreed that any notices under tenancy agreements. if notice is served by the tenant via email it will only be deemed to have been served if confirmation of said notice is received from xx@xx.com.


Many Thanks in advance
Barrett130

G_M

No. It's a complex area of law and unfortunately section 5(3)(e) of the Housing Act 1988 which creates a Statutory Periodic Tenancy is unclear how much notice a tenant must give a landlord. (Though it does specify 2 months ending with a rental period by the LL on the tenant).

However a Court of Appeal decision (Laine v Cadwallader), ruled that one month Notice, ending with a rental period, was required by a tenant (whatever the contract may say), based on common law.

Laine and Mitchell v Cadwallader & Cadwallader (2001)

More - See here.

dimbo61

Wait until you know you have bought your new home and contracts have been exchanged then give one months notice to be handed in to letting agent or posted ( not recorded just proof of posting and sent a copy to landlord to Arrive by 26th of the month)
It might even be worth paying rent for one extra month to give you time to clear flat and do some work on your new empty property before you move

Kynthia

G_M wrote: »

No. Statute law over-rules contract.

One month rental period.

See here.

I'm confused. As the tenant is within the fixed term don't they still need to abide by the break clause notice period within their contract? I'd agree with you if they had moved onto a SPT. :huh:

G_M

Kynthia wrote: »

I'm confused. As the tenant is within the fixed term don't they still need to abide by the break clause notice period within their contract? I'd agree with you if they had moved onto a SPT. :huh:

Apologies. I mis-read the OP.

We moved in 27th November 2010 so the first 12 Months of 36 has passed.

Reading that too fast I assumed it was 12 month tenancy which has passed (and become Periodic).

I'm clearly wrong - it's a 3 year tenancy, so still in the fixed term. But with a break clause that can be activated at any time after the first 12 months.

Please ignore my earlier post (which I'd edited anyway - still wrongly!)

Activate the break clause (by email at your risk - better by letter to the 'address for the serving of notices on the landlord', giving the 2 months notice required by the break clause. As the break clause does not specify rental periods, the notice can be two calendar months (or longer).

Kynthia

A three year fixed term is very unusual. :-)

OP, you will need to give at least two months notice coinciding with a rental period. For example your written notice should be received by the LL before 27th of a month to end the tenancy on the 26th of the second month.

I'd be careful about giving notce too soon as it ends the tenancy and the LL doesn't have to let you stay if your purchase falls through, although he might if he hasn't incurred costs looking for a new tenant. He can apply to the court for a possession order without giving you a section 21 once your 'end date' has passed.

G_M

Kynthia wrote: »

A three year fixed term is very unusual. :-)

OP, you will need to give at least two months notice coinciding with a rental period. For example your written notice should be received by the LL before 27th of a month to end the tenancy on the 26th of the second month.

The break clause does not specify a rental period - though as you pointed out earlier, IF it was a Stat Periodic Tenancy then Rental Periods would apply.

Barrett130

Thanks to everyone who took time to reply to my question!

I will be giving the written two months notice once 110% sure about the new house i'm interested in.

Many Thanks
Barrett130