Help with Understanding Contract Notice Period?

Mika134

I have lived at my rented flat for 8 months, and need to move out soon. However, my contract is very confusing and seems to contradict itself, could somebody please tell me what this means?

First it has a listed section with Property Name, Deposit, Admin Fee and Term.
It says, Term: A term certain of 12 Months from October 2017.

But THEN it says:
The number of months must not be less than six according to Housing Act 1988. The period mentioned here will form the basis of any periodic tenancy.

Finally, it says:
This agreement may be terminated by either party at the end of the initial fixed term. Notice given must be 2 months from Landlord to Tenant, and 2 months from Tenant to Landlord.

So is the lease 6 months, or 12?
Do I have to stay here for 12 months, or can I hand my notice in to leave in 2 months now, as I have already been here for more than 6?

Thank you for any help!

HampshireH

12 month contract until october.

You haven't quoted a break clause so no right to early exit.

It cites the housing act as 6 months minimum for an AST. You chose a 12 month one.

If you need to leave early I suggest playing nice with your 'LL but it looks unlikely based on what you have said so far

franklee

Agree. 12 months.

Mika134

Thanks, I thought that too. Just got confused because when I moved in, the lady showing me around said that it was 6 months lease and then goes onto a rolling contract of 2 months at a time. I'm going to ask him though.

It also says "The condition in the housing act 1988 requires prior notice in the stated form."

G_M

Mika134 wrote: »

I have lived at my rented flat for 8 months, and need to move out soon. However, my contract is very confusing and seems to contradict itself, could somebody please tell me what this means?

First it has a listed section with Property Name, Deposit, Admin Fee and Term.
It says, Term: A term certain of 12 Months from October 2017.
very clear. It's a 12 month fixed term (though I hope it specified an exact date in October!)


But THEN it says:
The number of months must not be less than six according to Housing Act 1988. The period mentioned here will form the basis of any periodic tenancy.
1) it is just telling you the minimum period allowed by the law. This is for information. It does not apply o your contract
2) no idea what the 2nd sentence means. Nothing really!

3) it is in any case wrong - The HA 1988 does not restrict tenancies to 6+ months!


Finally, it says:
This agreement may be terminated by either party at the end of the initial fixed term. Notice given must be 2 months from Landlord to Tenant, and 2 months from Tenant to Landlord.
Unenforcible. At the end of 12 months the tenancy will end, whether notice is given or not. That is what is meant by a fixed term. At the end of the term, the tenancy ends!


So is the lease 6 months, or 12? 12
Do I have to stay here for 12 months,
yes, unless you reach an agreement with the LL to surrender early.

or can I hand my notice in to leave in 2 months now, as I have already been here for more than 6? No


Thank you for any help!

Some landlords write rubbish contracts.....

Mika134

Thank you all for your help!! I thought 12 months the same as all of you (and I'm still sure this is right) However I have spoken with the landlord and he seems very confused lol.

He said the contract was 12 months but I can get out of it after 6 with 2 months notice, if I give permission for them to come and give my flat an inspection an take photographs so they can find another tenant. If another tenant is found within those 2 months I can leave, if not I will have to forfeit the deposit (which is fine.)

Very confusing lol! When I moved in they told me it was a 6 month contract. I know I should have read it to confirm this, but in my defense it's about 8 pages long, with very, very small type, and while I was trying to read the landlord was chatting away asking me loads of questions about my life and job etc. I had no reason to assume they would have gotten the lease wrong but yeah I was a bit of a dope for not checking lol.

G_M

Mika134 wrote: »

He said the contract was 12 months but I can get out of it after 6 with 2 months notice, if I give permission for them to come and give my flat an inspection an take photographs so they can find another tenant. If another tenant is found within those 2 months I can leave, if not I will have to forfeit the deposit (which is fine.)

Well that's fine then.

Any contract can be altered by mutual agreement - legally, you offer him an Early Surrender and he accepts, or accepts with conditions.


If he is happy to accept your Early Surrender subject to either finding a new tenant or forfeiting the deposit, then go ahead. Get it in writing though.