Ending a tenancy

Rednexus

Hi Everyone,

My letting agent aren't accepting my one month notice due to the terms mentioned below.

17 EXPIRY OF THE TENANCY
17.1 Unless terminated earlier in accordance with clause 25 or this clause 17, this agreement shall continue for the Initial Term and shall automatically extend for 3 months (the ‘Extended Term’) at the end of the Initial Term and at the end of each Extended Term.

17.2 Tenant termination
The tenant may terminate this Agreement by giving the Landlord at least 1 calendar month notice via the landlord’s website at

---

such notice shall:

17.2.1 Expire on the day which completes the term
17.2.2 Expire the day before the Rent is due;
17.2.3 Not be made in the first six weeks of this Agreement;
17.2.4 Not be made in the last month of the initial Term or an Extended Term; and
17.2.5 Expire after the Initial Term of Expire at the end of an Extended Term.

25 RECOVERY OF POSSSESSION
25.1 Notice
The Landlord may terminate this agreement by giving the Tenant notice in writing stating that he requires possessions.
25.2 Ground for seeking possessions….
25.3 Interest on sums due on recovery of possession…
25.4 VAT….


They are saying that my contract is due to end on 18th August 2019 which is the earliest date I can move.However, I signed a six month AST agreement which ended on 12/02/19. I was hoping to know if the above terms are valid and whether I can move by giving a month notice. Many thanks in advance.

middleclassbutpoor

So trying to understand the above, your initial 6 months ended in feb, but it doesn’t go onto a rolling monthly contract.

As soon as the 6 month ends, it reads to me that you go into a 3 month agreement which periodically renews for a further 3 months.

Your termination process is detailed in clause 17 which applying those conditions and the limited info given.

12/2/19 - you enter a contract until 12/5/19.
If you don’t give notice before a month of this expiring then you will roll into a further 3 month contract extension. Therefore this takes you up to 12/8/19.

When did you give notice?

What day do you pay rent?

Whether the terms are valid? I can’t see why they wouldn’t be? I presume the LL would be held to only being able to serve a section 21 notice in line with these dates in mind. I.E your contract end dates would need to be considered in the exact same way?

Do you feel the contract terms are unfair or misleading?

Rednexus

middleclassbutpoor wrote: »

So trying to understand the above, your initial 6 months ended in feb, but it doesn’t go onto a rolling monthly contract.

As soon as the 6 month ends, it reads to me that you go into a 3 month agreement which periodically renews for a further 3 months.

Your termination process is detailed in clause 17 which applying those conditions and the limited info given.

12/2/19 - you enter a contract until 12/5/19.
If you don’t give notice before a month of this expiring then you will roll into a further 3 month contract extension. Therefore this takes you up to 12/8/19.

When did you give notice?

What day do you pay rent?

Whether the terms are valid? I can’t see why they wouldn’t be? I presume the LL would be held to only being able to serve a section 21 notice in line with these dates in mind. I.E your contract end dates would need to be considered in the exact same way?

Do you feel the contract terms are unfair or misleading?

I served a notice on 18th this month saying that I will be leaving on 12th July. I pay my rent on 1st of each month.

Elise1912

Can you speak to the landlord directly? Sometimes they're more reasonable than letting agents who in my experience can be difficult characters.

middleclassbutpoor

Rednexus wrote: »

I served a notice on 18th this month saying that I will be leaving on 12th July. I pay my rent on 1st of each month.

By my limited ability of interpreting your contract...

Your contract extended to 12/5/19 once the 6 months expired.
You gave your one months notice within the last month of the 3 month extension so your contract states under 17.2.4 that they cannot accept the notice in this period for it to end at the end of the 3 month extension.

You are looking to leave mid contract as the contract in place for July will be in place from 12/5/19-12/8/19. If you leave mid contract, you are still responsible for the full period.

As you are now committed to a further 3 months any notice you serve between 12/4/19 and 12/7/19 will mean your contract ends at the end of that period. I can’t see any wrong doing here as they are taking your notice to terminate as you giving more than the minimum 1 months notice. Key word being minimum.

Not sure why 19th has come into this as this date has no bearing on when you pay rent or the point within the month when your 3 months would end given your contract seems to run 12th to 11th.

I would have expected your contract to now end on 12/8/19 given the contract wording you have posted.

G_M

I signed a six month AST agreement which ended on 12/02/19.

this agreement shall continue for the Initial Term and shall automatically extend for 3 months (the ‘Extended Term’) at the end of the Initial Term

So on 13/2/19 a 3 monthly contractual periodic tenancy arose with an end date of 12/5/19.

The tenant may terminate this Agreement by giving the Landlord at least 1 calendar month notice....such notice shall:

17.2.1 Expire on the day which completes the term

I served a notice on 18th this month (April) saying that I will be leaving on 12th July.

Notice served on 18/4 could not expire on 12/5 as this is less than the required months notice. Therefore on 13/5 a further 3 month term will commence ending on 12/8/19 which becomes the earliest date you can end the tenancy, provided you serve notice a full month beofre that date (ie by 12/7/19).

saajan_12

Rednexus wrote: »

Hi Everyone,

My letting agent aren't accepting my one month notice due to the terms mentioned below.

17 EXPIRY OF THE TENANCY
17.1 Unless terminated earlier in accordance with clause 25 or this clause 17, this agreement shall continue for the Initial Term - so until 12-Feb-19 and shall automatically extend for 3 months (the ‘Extended Term’) at the end of the Initial Term and at the end of each Extended Term. - so you have a Contractual Periodic Tenancy, named "Extended term" which ends 12-May-19, 12-Aug-19, 12-Nov-19, etc

17.2 Tenant termination
The tenant may terminate this Agreement by giving the Landlord at least 1 calendar month notice via the landlord’s website at

---

such notice shall:

17.2.1 Expire on the day which completes the term- so expiry by 12th May / Aug / Nov..
17.2.2 Expire the day before the Rent is due; - not clear when the rent is due, this may be contradictory
17.2.3 Not be made in the first six weeks of this Agreement; - irrelevant now
17.2.4 Not be made in the last month of the initial Term or an Extended Term; and- so not between 13Apr-12May, 13Jul-12Aug, 13Oct-12Nov etc
17.2.5 Expire after the Initial Term of Expire at the end of an Extended Term.- you are already after the Initial term so this is the same as 17.2.1

25 RECOVERY OF POSSSESSION
25.1 Notice
The Landlord may terminate this agreement by giving the Tenant notice in writing stating that he requires possessions.
25.2 Ground for seeking possessions….
25.3 Interest on sums due on recovery of possession…
25.4 VAT….


They are saying that my contract is due to end on 18th August 2019 which is the earliest date I can move. - should be 12-Aug-19 but otherwise correct. However, I signed a six month AST agreement which ended on 12/02/19. I was hoping to know if the above terms are valid - yes, they are. Its a CPT. and whether I can move by giving a month notice. - yes, provided your notice fulfills the other criteria above. Notice served now would not. Many thanks in advance.

So as you are currently in the last month of an Extended term, you can't serve notice. The next possible expiry date would be the end of the extended term from 13-May-19 to 12-Aug-19. You can serve 1 calendar months notice on / before 12-Jul-19.

Rednexus wrote: »

I served a notice on 18th this month - you're in the last month of an Extended term so that is invalid. saying that I will be leaving on 12th July. - You can leave whenever but must pay rent until 12-Aug-19 or longer if you don't serve valid notice to terminate then. I pay my rent on 1st of each month.