When can I terminate this lease?

Miss_Samantha

mrsunnybunny wrote: »

Yet it also states that the contract CAN be determined on the 12th month of the tenancy.

As said, this is clarified later on in the clause.
I don't think a judge would rule that 'on' overrides the explicit explanation that follows on when the notice may be given. If you read the clause as a whole it isn't unclear.

mrsunnybunny wrote: »

So no protection for tenants anywhere in the regulation prohibiting exactly this?

You decide when your notice expires so there isn't a need for protection. This is more an issue of lack of awareness.

mrsunnybunny

Guest101 wrote: »

Agreed they do not have to discount unused time, but if the OP paid pro-rata they may decide not to chase it

Problem of course is that they have my deposit from which they could deduct the rest...

So perhaps I should raise the pro-rata point with them before handing in the notice. If there is an agreement, I will terminate effective mid-month, if not, I will push for termination on 30 September

mrsunnybunny

Miss_Samantha wrote: »

As said, this is clarified later on in the clause.
I don't think a judge would rule that 'on' overrides the explicit explanation that follows on when the notice may be given. If you read the clause as a whole it isn't unclear.

You decide when your notice expires so there isn't a need for protection. This is more an issue of lack of awareness.

Well there clearly are some differing opinions in this thread already. While you might turn out to be right, I will rather defer to some other people as looking at your other posts in this forum you seem to have a very clear landlord bias.

Guest101

Miss_Samantha wrote: »

As said, this is clarified later on in the clause.
I don't think a judge would rule that 'on' overrides the explicit explanation that follows on when the notice may be given. If you read the clause as a whole it isn't unclear.



You decide when your notice expires so there isn't a need for protection. This is more an issue of lack of awareness.

The break clause is defined as follows: The Tenant may determine this tenancy on - so 'on' in this case isn't relevant. or after the twelfth month of this tenancy by giving the Landlord or the Landlord’s Agent not less than two (2) months’ notice in writing on - but now it is the rent due date to that effect, the earliest such date for giving notice being on - and now too or after the twelfth month of occupancy



I'm not calling it either way. But you've taken a very direct view on this, when actually the same word is used three times in the clause and contradicts itself twice.

Miss_Samantha

mrsunnybunny wrote: »

Well there clearly are some differing opinions in this thread already. While you might turn out to be right, I will rather defer to some other people as looking at your other posts in this forum you seem to have a very clear landlord bias.

I have replied to this thread to help.
If you do not like what I wrote then that is your issue, not my alleged 'landlord bias'.

Now, if you'll excuse me I shall stop wasting my time on your questions.

Guest101 wrote: »

The break clause is defined as follows: The Tenant may determine this tenancy on - so 'on' in this case isn't relevant. or after the twelfth month of this tenancy by giving the Landlord or the Landlord’s Agent not less than two (2) months’ notice in writing on - but now it is the rent due date to that effect, the earliest such date for giving notice being on - and now too or after the twelfth month of occupancy

If the first 'on' isn't relevant then there isn't any issue and you must conclude that notice may only be given after 12 months.
If there is contradiction it comes from the first 'on'.

Guest101

mrsunnybunny wrote: »

Problem of course is that they have my deposit from which they could deduct the rest... - They could try to deduct the rest, it's protected presumably and you can dispute it.

So perhaps I should raise the pro-rata point with them before handing in the notice. If there is an agreement, I will terminate effective mid-month, if not, I will push for termination on 30 September

There's other tools in your arsenal though. Such as allowing viewings etc etc.


Realistically this is best discussed with the landlord, over tea and cake


I suspect both parties would be happy with 2 months notice from July and some flexible viewings.

AdrianC

mrsunnybunny wrote: »

Fact is, the commercial intention as discussed with the landlord at signature was to have an option to terminate the lease on or after 12 months.

And you can.

The tenancy you signed is perfectly clear on that. You can terminate your tenancy by handing in your two rent-period's notice on the 12th monthly anniversary of the start date, or at any point thereafter.

mrsunnybunny

Isn't the real issue how to interpret "the date for giving notice". It is not clear whether this means (1) the date on which notice is given, or (2) the date for which notice is given. "Date for giving notice" is just not clearly worded.

It seems to me that it is a error and should read the "date for giving notice of" which is a common phrase used in contracts. This would be in line with interpretation (2)

AdrianC

Let's face it, you're just looking for ways to justify your preferred interpretation. The reality is perfectly obvious.

davidmcn

mrsunnybunny wrote: »

Isn't the real issue how to interpret "the date for giving notice". It is not clear whether this means (1) the date on which notice is given, or (2) the date for which notice is given. "Date for giving notice" is just not clearly worded.

It seems to me that it is a grammatical error and should read the "date for giving notice of" which is a common phrase used in contracts. This would be in line with interpretation (2)

It may well have been an error, but I don't think we can say that merely from looking at the lease. If they had meant the date on which the break would be effective I would have expected them to say so.

You can try serving notice earlier and see what the reaction is - the difficulty is that they are under no obligation to acknowledge your notice or tell you that they don't think it is effective, until you reach the day when you're expecting to move out.