Tenancy Notice period query

doris1420

Hi,
My daughter has to move from her rented premises due to work re-location.
Just sorting out her notice to her landlord and have got a bit confused regarding the notice period required
Could someone clarify for me the notice period required under her tenancy agreement.
The rent is paid monthly in advance. The last rent was paid on the 15th May
The agreement states that she can end the tenancy by giving “2 months(60days) notice.”
This is not very clear
Is this notice period two full calendar months from a rent payment date or 60 days from the day she gives notice.?
She would like to give notice on the 31st May if the notice period is 60 days her final day would beSunday 30th July
The next month’s rent is payable on the 15th June to cover the period 15th June to 15th July
If she leaves on the on the 30th July is her final rent liability only for the period 15th July to the 30th July?
I will chase up the letting agent on Tuesday regarding the matter, but trying to get things in order this weekend.
Any help/advice will be appreciated

Pixie5740

More information needed.

Which part of the UK is this property in? Different countries have different laws.

What is the exact start date of the tenancy?

If there was a fixed term how long was it for?

How frequently is rent paid? Monthly, weekly, 4-weekly?

G_M

as above. Plus

The agreement states that she can end the tenancy by giving “2 months(60days) notice.”

Is this in a 'Break Clause'? If so, exact words please.



and read:

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

doris1420

To answer the queries above.
Property is in London
Tenancy start date 15th September 2016
Fixed term tenancy 12 months
Rent paid monthly
No break clause

G_M

doris1420 wrote: »

To answer the queries above.
Property is in London
Tenancy start date 15th September 2016
Fixed term tenancy 12 months
Rent paid monthly
No break clause

In that case the tenancy continues till 14th September 2017. No notice is needed at all to end the tenancy on the 14th sept as that is when the fixed term contract ends.

It can only be ended before then if

* the tenant and landlord mutually agree to end it early (Early Surrender), or
* a court orders it to end (eg if the LL requests this due to rent arrears)

Pixie5740

If your daughter has a 12 month fixed term tenancy then she cannot legally end her tenancy before the end of the fixed term i.e. 14th September 2017 unilaterally. If your daughter would like to end her tenancy before 14th September then she will have to negotiate an early surrender with the landlord. The landlord is under no obligation to agree but if (s)he does then the landlord can more or less dictate the terms. For example, the landlord might agree to an early surrender providing your daughter pays the fees for finding new tenants.

doris1420

Early Termination
The agreement states that;
Both the tenant and the landlord have the option to bring the tenancy to an end by giving “2 months (no less than 60 days) notice.” to the managing agent, provided that no such notice given by the landlord or the tenant shall expire before 14/9/2017
So based on the above early termination clause and the fact that you do not need to give notice to end a tenancy, it seem that unless she gets an agreement from the landlord she has to continue to pay for the property until the end of the tenancy,
Are my assumtions correct

G_M

That clause is completely meaningless and can be ignored.

It is drafted as if it were a Break Clause, but as it cannot be used to end the tenancy earlier than the contractual end date, it has no function as a Break Clause.

As the 14th Sept is the date when the contract ends, notice to end the tenancy on that date is not required (it's a fundamental part of the contract that on that date, it ends), so the clause also has no function with regards to the purported notice period.

Posts 5 & 6 above lay out the legal position.

doris1420

Thanks for all the helpful replies.
All a little bit clearer now.
My daughter will have to hope that the landlord will agree to her leaving early without suffering any penalties, if not it seems like the bank of mam and dad will have to help out and them will have a holiday home for a few months.