What is the termination period on this Assured Shorthold Tenancy Agreement??

HW1052

I have a AST agreement under section 19A of HA 1988. in the definitions it states
term means a term of 12 Months starting on the commencement date.
tenant's notice period means one month.

Later in the agreement it states: termination by the tenant: if the tenant requires to terminate this agreement the tenant must give written notice to the landlord and the period of notice shall not be less than the tenants notice period.

I have always presumed that this means that it is a 12 month fixed term and after this a months notice will need to be given. However I al now wondering if it means 1 month notice can be given at any point, even if the 12 months term has not expired. There is no other mention of termination etc.

Anyone shed any light on this. Many thanks

theartfullodger

You are committed for the 12 months: You may leave at any time up to the 12-month date, with no notice at all (it would be polite to give one though) but are liable for all the 12 months rent. Thereafter notice needs to be from tenant to landlord at least 1 month, expiring on last or 1st day of a tenancy period: Rent payment (eg monthly, 4-weekly) governs period length (monthly, 4-weekly...)

However there is nothing to stop you & landlord agreeing any other terms or, say, a surrender e.g. at tomorrow morning @ 10:30 for £xxx either way - or nothing - if that is what you both agree.

HW1052

Thank you for that. I had a feeling that might be the case.

I was willing to pay until a new tenant was found however the landlord has decided he will sell rather than rent it out. As selling generally takes longer than finding a new tenant i had a closer look at my contract, saw what was mentioned above and wondered if it did mean I could only give one months notice.

jjlandlord

If the agreement states that you can terminate the tenancy by giving a month notice then you can do just that without waiting for the whole 12 months.

theartfullodger

jjlandlord wrote: »

If the agreement states that you can terminate the tenancy by giving a month notice then you can do just that without waiting for the whole 12 months.

jj's right! Agreed.

Are your quotes from the tenancy agreement exact wording?? Undoubtedly the landlord will claim it means something else - but on the basis of what you'd posted I'd say any judge would rule in your favour if you gave notice & left.

Apologies.. Glad someone's awake...

HW1052

Yes that is the exact wording in the agreement.
Thanks for your help

kinger101

Is your LL a bit wet behind the ears?

[Deleted User]

I guess you could just refuse to allow any viewings and see whether this encourages the LL to give notice.