When can I terminate this lease?

mrsunnybunny

AdrianC wrote: »

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

The contract should reflect what was agreed in the negotiations. The wording of the contract is ambiguous, and if interpreted in such way, is contrary to what was agreed. I know what was agreed, and I am now trying to find out whether they have indeed !#%!ed me over, or whether there is a way that it could still be interpreted in line with what was agreed.

Granted, I should have picked this up when signing.

mrsunnybunny

davidmcn wrote: »

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.

So if I ask the agent, in writing, whether I can serve notice end of July, with a termination of end of September, and they reply yes, do I legally have something to stand on?

AdrianC

mrsunnybunny wrote: »

So if I ask the agent, in writing, whether I can serve notice end of July, with a termination of end of September, and they reply yes, do I legally have something to stand on?

Yes, ish.

You have no contractual right to break the contract at any time other than in accordance with that break clause, but the landlord (not the LA) can agree to terminate the contract at any time with any amount of notice.

mrsunnybunny

AdrianC wrote: »

Yes, ish.

You have no contractual right to break the contract at any time other than in accordance with that break clause, but the landlord (not the LA) can agree to terminate the contract at any time with any amount of notice.

I don't follow? Why would the landlord have such a right? My contract has the exact same wording regarding termination on or after 12 months with 2 months written notice for the landlord, as is does for the tenant.

davidmcn

mrsunnybunny wrote: »

I don't follow? Why would the landlord have such a right?

The landlord can agree (i.e. with the tenant!) to end the lease whenever the parties want to.

AdrianC

Yes, and you can agree for him to terminate it early.

It's very simple... You have a contractual right - which is spelled out in the contract. If you want to execute that, goferit. But you don't. You want to do something different. That's fine, if he agrees.

G_M

As others have said, and as the debate in the thread shows, the wording is poor, and ambiguous.

However there is ageneral legal principle that where a contract is ambiguous/unclear, it should be interpreted to the benefi t of the party who did not draw it up. Since I assume the landlord wrote the agreement, the interpretation should benefit the tenant.

mrsunnybunny wrote: »

For the term of 18 months commencing on 30th August 2015 until noon on 28th February 2017


The break clause is defined as follows: The Tenant may determine this tenancy on 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 the rent due date to that effect, the earliest such date for giving notice being on or after the twelfth month of occupancy
* the first highlighte part is unambiguous. The tenancy can be ended at the 12 month point.
* the 2nd part is either
a) contradictory (see my comment above about who should benefit in the interpretation), or
b) poorly worded and the intent was actually to refer to the earliest date the notice could take effect

The first issue is that the wording says that I can "determine" (should read terminate?) 'determine' is fine on or after the 12th month by giving 2 months notice. However, it also says that the earliest such date is 12 month. I assume "such date" refers to the termination date, and not the date at which notice is handed in, but this is unclear. In case of the former, this would imply that I cannot hand in notice until 30 August which is too late.
as explained above


The second issue I have is that it is not clear whether I can give notice for any date (eg the 7th), or whether this runs on a monthly basis. In case of the latter, would it be the 30th, 28th, or last day of month (see term above)?
I suspect that by referring to '2 months notice' and the 'rent due date' the intent was that notice should align with, and expire on, the last day of a rent period. However that is not what it says.

"not less than two (2) months’ notice" clearly permits the notice to expire on any date (provided at least 2 months notice is given).

Insisting that notice is given on a precise date ('rent due date') is both highly unusual in a residential tenancy, and very impractical. If relying on the post, how is a tenant to ensure the letter arrives on the precisely correct day? Indeed, it may well be an 'unreasonable term' which the courts would set aside.



The third issue is that it is not clear whether I have to give exactly 2 months notice, or at least 2 months notice. Eg, it is not clear to me whether I could hand in the notice 2.5 months prior.
This is perfectly clear. It says clearly "not less than two (2) months’ notice " so it can therefore be 2 months exactly, or any period of time longer than 2 months.

However that then raises 2 questions:
1) why insist on service on a rent due date? (again, I suspect the intention was for notice to expire with a rental period, but the drafting was poor)
2) what happens to payment for part-occupancy of a rent period (and the pro rata issue raised by others above)?
Any help would be much appreciated!

There are 3 possible appoaches to take:

1) as suggested previously, discuss (over tea and cakes?) with the landlord and simply agree a mutually suitable end date (and then confirm in writing)

2) serve notice to suit yourself, after the 10th month, to expire on/after the 12th month, and argue that the ambiguity should be resolved in your favour

3) comply as closely as possible to the wording, serve notice exactly on the 12th month start date, to expire exactly on the 13th month end date