Leaving the flat (2 months' notice or 1 month's notice)?

alandaniel132

In my general tenancy agreement:
Page 1:

Where the tenancy becomes a periodic tenancy at the end of the fixed term period the tenant is required t o give at least 28 days’ not ice (or one month in the case of a monthly tenancy) in writ ing to end the tenancy. T he t enant ’s not ice must end on t he first or last day of a period of the tenancy in accordance with the common law rules. The landlord is required to give at least two mont hs’ not ice in accordance wit h t he st at ut ory rules prescribed by Sect ion 21 of t he Housing Act 1988 but t he landlord’s not ice does not need t o expire on t he first or last day of a period of a tenancy.

Page 9 (last page), it said:

13. Special Conditions. The Property is let together w ith the special conditions (if any) listed in the First Schedule attached hereto 

THE FIRST SCHEDULE (N.B. Clauses in this section have been individually negotiated)

Special conditions (attach a separate sheet if necessary)

>The tenant agrees that they will carry out a professional clean to the same standard as the original inventory, to include oven, appliances

and carpets prior to the check out at the end of the tenancy.

>Notwithstanding the fixed term stated in the Main Terms of the Tenancy, the Parties hereby agree that this Agreement may be terminated

by either party giving to the other at least two months notice in writing, such notice not to expire until after six months of the start date of the

Term. At the end of such notice the Tenancy shall end and all obligations and responsibilities shall cease; subject neverthel ess to any

claim by either Party against the other in respect of any breach of any of the terms and conditions of the Agreement. Should the Tenancy

b e terminated on a date which is not the last day of a rental period then the Tenant’s ob ligation to pay rent shall cease on the termination

date and the rent payment will be apportioned accordingly.


My tenancy agreement start from:

Term: For the term of 12 Months commencing on 19th September 2020

AdrianC

Six months from 19th September is 19th March.

That's the first opportunity to leave, except for anything mutually agreed with the landlord.

alandaniel132

AdrianC said:

Six months from 19th September is 19th March.

That's the first opportunity to leave, except for anything mutually agreed with the landlord.

Thanks. That I understand. If I plan to leave on 19th May, 19th June, am I allow?

AdrianC

Yes
Two months' notice between 19th March and 19th September.
One month's notice after 19th September.

[Deleted User]

AdrianC said:

Six months from 19th September is 19th March.

That's the first opportunity to leave, except for anything mutually agreed with the landlord.

Six months from 19th September is 18th March

alandaniel132

AdrianC said:

Yes
Two months' notice between 19th March and 19th September.
One month's notice after 19th September.

Thanks.
So between 19th September 2020 to 19th March 2021: cannot leave
From 9th March 2021 and 19th September 2021: Two months' notice 
After 19th September 2021: One month's notice

AdrianC

A good point, well made.

alandaniel132

If landlord want to vacant my place, LL have to give 2 months' notice (no mater any months in the contract)

AdrianC

alandaniel132 said:

If landlord want to vacant my place, LL have to give 2 months' notice (no mater any months in the contract)

Six, currently. But not until after September.

greatcrested

Thanks. That I understand. If I plan to leave on 19th May, 19th June, am I allow?

Yes. You must serve 2 months notice ie on/before 19th March to end on 18th May, or on/before 19th April to end 18th June.

Note 'serve', not send..

If landlord want to vacant my place, LL have to give 2 months' notice (no mater any months in the contract)

Currently 6 months notice due to the Coronvirus Act 2020, whatever the contract says. But not to end before 18th March using the Break Clause (ie if he served tomorrow (22/12/20), 6 months would be 21st June 2021. The Break Clause says 2 months (read 6 months - Coronavirus Act), with no mention that it must end with a period (so not necessarily the 18th).

For a full legal explanation, read my post here:

Post 4: 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?

macman

You can 'leave' any date you like. But you remain liable for the rent until the dates as shown above.