tenancy woes :(

Comms69

G_M wrote: »

Not necessarily.

1) Contract might specify the tenancy will start on Sunday. Landlord/agent not availble on Sunday so gives keys to tenant the preceding Friday for convenience, on the understanding that as per the contract, the tenant will not move in till Sunday.

2) More ambiguously, the LL might grant the ... er... 'occupier'... a licence to move in on the Friday (either just their belongings and/or themselves), with the tenancy, and obligation to start paying rent, starting on the Sunday as per the contract

The law is often more complex than at first sight.

Clearly in the above examples, much depends on the intentions of the two parties.

You're right, I should've said legal possession. I was more suggesting a tenancy couldn't start before possession was granted, but fair point

Comms69

nyermen wrote: »

Excuse my Naivity, but would the concept of "Contra proferentem" (where ambiguity in a contract favours the person who didn't draw it up) help here at all? Just curious.

Peter.

Possibly, but the clause seems quite clear to me. The tenancy will expire at the earliest, at the end of the eighth tenancy period, provided it is served 2 months in advance.

It must be served in writing, presumably to the address attached in the terms and conditions.

fly53

provided, as i read it, that notice is served no later than 2 calender months in advance,
so i can serve it at any time i want before the 24th feb

fly53

can someone help me with what the wording should be? im worried if its not precise theyll say its invalid?

fly53

sorry to bump the thread.

can they get funny if i dont word it exactly?

Comms69

fly53 wrote: »

sorry to bump the thread.

can they get funny if i dont word it exactly?

Legally, not really. You aren't expected to get it spot on.


A typical notice would simply say


I will vacate on X date (just make sure it's correct) and the tenancy will end at that time.

fly53

thanks alot for the reply.

so i just need to say i will vacate on the 24th april

G_M

Dear Mr Landlord,

I am writing to implement the Break Clause in my tenancy agreement at the above address.

Under clause 4.2 of the contract the tenancy can be terminated "by giving not less than two calander months notice to break this tenancy provided that such notice:
4.2.1 shall not expire before the end of the 8th month of the term".

The tenancy commenced on the 25th August, thus the 8th month will end on 24th April.

I shall therefore be vacating the premises, and ending the tenancy, on 24th April 2018.

Kindly acknowledge receipt of this letter, and advise me what arrangementts you wish to put in place for the return of the keys, and my deposit.

I should like to take this opportunity to thank you for your help during the period of my tenancy.

Yours sincerely,

Fly53

cc: xyz agency

---

Send the letter addressed to the landlord at the address "for serving noticess" in the tenanc agreement.

Send a copy addressed to the agent.

Post both letters from a post office and ask for 'proof of posting'. Do not send by recorded delivery.

fly53

thank you very much G_M.

so my understanding is that it must reach them before feb 24th? (the letter)

i owe you one

G_M

fly53 wrote: »

so my understanding is that it must reach them before feb 24th? (the letter)

Correct. 'Reach' not sent.

If sent by first class post (as explained with proof of posting) the law assumes delivery 2 days later, so post on 22nd at the latest (or hand deliver on 24th with a witness).