Ending Shorthold Tenancy Agreement

pumpernickl

I am hoping someone can help. We would like to give notice on our tenancy agreement which has the break clause:

"It is agreed that one month's notice in writing may be served by either party to terminate this agreement."

It is not clear to me if this is a calendar or a tenancy month. Our tenancy month ends on the 20th Oct. If I give notice after that, let's say on the 24th Oct, will I have to pay for another 2 months (Nov & Dec) or just for November and the extra few days in December?

Many Thanks.

pmlindyloo

pumpernickl wrote: »

I am hoping someone can help. We would like to give notice on our tenancy agreement which has the break clause:

"It is agreed that one month's notice in writing may be served by either party to terminate this agreement."

It is not clear to me if this is a calendar or a tenancy month. Our tenancy month ends on the 20th Oct. If I give notice after that, let's say on the 24th Oct, will I have to pay for another 2 months (Nov & Dec) or just for November and the extra few days in December?

Many Thanks.

Is this all it says?

Break clauses are usually after 6 months of a fixed one year tenancy agreement.

A very badly written clause. It should have said either 'one calender's month notice' or 'a month's notice expiring on the last day of a rental period'.

In the absence of such wording I believe it should be assumed that it is a calender month.

A very badly written clause since giving a calender month's notice usually involves having to calculate the rent owed for that period.

thesaint

Has the fixed term of your tenancy finished?
If so, what date did your tenancy begin, and how long was the fixed term?
Was an end date specified?
How often is the rent due?

If you are within the fixed term, I would take it that you have to give notice which expires on the 20th Dec 2014.

pumpernickl

Yes - that's all the break clause said.

There was no fixed term from the start. It's a 12 month contract with 1 month breakout.

Term of Tenancy:
"The Landlord lets to the Tenant the premises for a period of twelve months. The Tenancy shall start on and include the 21 May 2014 and shall end on and include the 20th May 2015 but subject to clause 1.1. Schedule 5." - 1.1. Schedule 5 = break clause.

Rent is paid monthly in advance.

jjlandlord

pumpernickl wrote: »

There was no fixed term from the start. It's a 12 month contract with 1 month breakout.

So it is a fixed term tenancy.

If that all that the break clause says then notice is one calendar month.

thesaint

I don't understand why you don't give notice now to expire on the 20th Nov 2014.

Rent isn't divisable, so if you do give "1 month", you will be liable for the whole period that this "month" falls in.

pumpernickl

We are in the process of buying a house and would like to wait for exchange to be completed before we give notice on our flat. Exchange could happen tomorrow or next week - a few days make quite a difference...

thesaint

Have you spoke to the landlord? No matter what the tenancy says, he can agree something else entirely.

Generally, as long as they are kept informed, they are flexible.

pumpernickl

no - not spoken to the landlord. For the last 5 years we have never had direct contact with the landlord. An estate agent acts as the landlord's agent and to be honest they haven't been great! Having a middle man makes it difficult to have a decent conversation.

G_M

You say you have a Shorthold Tenancy Agreement.

Is this Scotland? Rules are not as in England.

G_M

pumpernickl wrote: »

"It is agreed that one month's notice in writing may be served by either party to terminate this agreement."

It is not clear to me if this is a calendar or a tenancy month. Our tenancy month ends on the 20th Oct. If I give notice after that, let's say on the 24th Oct, will I have to pay for another 2 months (Nov & Dec) or just for November and the extra few days in December?

Assuming this is England, you do not have 'tenancy months' as you are in a fixed term tenancy:

Term of Tenancy:
"The Landlord lets to the Tenant the premises for a period of twelve months. The Tenancy shall start on and include the 21 May 2014 and shall end on and include the 20th May 2015 but subject to clause 1.1. Schedule 5." - 1.1. Schedule 5 = break clause.

therefore notice is one calender month.