Notice on AST with break clause

Nadeshkarine

We're awaiting exchange on a house (seller still needs to provide some paperwork) so I am preparing to give our notice once we have exchanged. However reading and rereading my contract I'm 100% not clear when the notice period has to end - i.e. if it has to be on a rental payment date?
I have had a google but I just want to double check the notice period based on our contract.
We renewed our AST last year but asked for a break clause from months 6-12 as we knew we would be looking to buy. Our payment date is 14th so I presumed we would have to give at least one full period starting on 14th, but on digging out the contract the exact clause is as follows:

It is agreed between the parties that either party may terminate this Agreement as follows:
1 By the Landlord giving to the Tenant at least two Months' written notice,
2 By the Tenant giving to the Landlord at least one Month's written notice.
3 Under this clause notice cannot take effect earlier than the last day of the sixth Month of the tenancy.

Nothing about a rental period here or anywhere else. Monthly is defined as a calendar month earlier in the contract.
I feel like the paperwork will probably come through around the 15th Feb - so could we give notice on say 20th Feb to end 20th March? Or must the notice end on the 13th of the month?

theartfullodger

AT LEAST two months notice. Unless notice is hand-delivered I'd give 2 months notice plus a few days...


Suggest you serve notice & any addresses you have, in particular to landlord at address you've been given & also letting agent: On paper, for safety, but email also.

As I read what you've quoted, any day/date after last day of 6th month.

See here for more info.
http://england.shelter.org.uk/legal/security_of_tenure/notices/break_clauses

G_M

artful - ??????

"By the Tenant giving to the Landlord at least one Month's written notice."

1) in the absence of any other definition, it means 1 calendder month (or more).

2) however, rent in a tenancy is indivisible. So if you gie a caleender months notice midway through rental period, you'd still need to pay the full month's ent at the start of that final period, and would not be entitled to a pro-rata refund unless the landlord agreed.

As artful rightly siggests, notice eriod starts wen the notice is served, not sent. So
* if posting 1st class, allow 2 working days for delivery
* if hand delivered, have a witness/dated photo

Serve the notice to the address supplied "for serving notices" in the tenancy agreement.

Nadeshkarine

Ah that 'indivisible' bit is what I wasn't sure of because the contract doesn't mention it.
I'll just hope the seller get his act together before the 13th so we can get a notice period as close to a month and avoid too much rent/mortgage overlap.
The address given is the EA which is round the corner from us so that helps at least.
Thanks for the quick response :T

theartfullodger

Oopppssss. Sorry guys

G_M

It's always worth talking to the LL. He may be flexible and willing to accept pro rata rent for the final month.

Bear in mind an agent works for the LL so must act in his best interests. That means they tend not to be so flexible eg by agreeing to accept less rent than the law/contract specifies.

So speak to the LL.

00ec25

Nadeshkarine wrote: »

Ah that 'indivisible' bit is what I wasn't sure of because the contract doesn't mention it.

the contract doesn't have to. Statute law established that many generations ago (1870 I think) and statute law always trumps anything in a contract