Ending the tenancy, notice period

demyz

Hi Experts, 

I am a tenant but a bit clueless when it comes to contracts. I've been in the same property for nearly 2,5 years, the first 2 were as a 12months contract, 6months break clause, 2 months notice. At the last renewal I asked for a rolling contract instead, which states the below:

“An addendum to an Assured Shorthold Tenancy Agreement hereinafter called the “Agreement” made on the 28 th September 2019 and any subsequent addendum between xxxxxxx…

…Should continue from the 28 th September 2020 until the 27 th September 2021 …

SPECIAL CLAUSES INDIVIDUALLY NEGOTIATED BETWEEN THE PARTIES:

This is a rolling tenancy agreement. There is provision for the Tenants to give two months notice from the rent due date from any month and the Landlord to give two months written notice at any time.

If the Tenant requests to surrender the tenancy prior to the end of the fixed term, ( one month) and the Landlord agrees to the surrender, then the Tenant will be responsible for the rent until the end of this agreement or when the Landlord or a new tenant takes possession of the said Premises and for reimbursing the Landlord the letting fee of 4% plus vat due to the Landlord Agent for the remaining fixed term of the tenancy. “

Question is, how soon can I leave before the end of the contract? What would be the minimum legal notice? I am viewing houses as I need to move out asap and I am telling the agencies that I have 2 months notice (is that even right from the contract??) and they keep telling me 2 months is illegal and most of the Landlords are not willing to wait that long.

Any help, much appreciated.

Ta!
Demy

saajan_12

demyz said:

“An addendum to an Assured Shorthold Tenancy Agreement hereinafter called the “Agreement” made on the 28 th September 2019 and any subsequent addendum between xxxxxxx…

…Should continue from the 28 th September 2020 until the 27 th September 2021 …

SPECIAL CLAUSES INDIVIDUALLY NEGOTIATED BETWEEN THE PARTIES:

This is a rolling tenancy agreement. There is provision for the Tenants to give two months notice from the rent due date from any month and the Landlord to give two months written notice at any time.

If the Tenant requests to surrender the tenancy prior to the end of the fixed term, ( one month) and the Landlord agrees to the surrender, then the Tenant will be responsible for the rent until the end of this agreement or when the Landlord or a new tenant takes possession of the said Premises and for reimbursing the Landlord the letting fee of 4% plus vat due to the Landlord Agent for the remaining fixed term of the tenancy. “

y

You have a Contractual Periodic Tenancy (CPT). Some of the clauses are a bit redundant in practice, as it would be more expensive to serve notice before the 1 month fixed term and pay fees than just wait and serve notice, so you can ignore those. 
The key is the bit in bold - when is your rent due date? Serve notice on the next rent due date, to expire 2 months later (which will likely be 2 calendar months and 2 tenancy periods). 

Note there is an argument that the notice for the LL and tenant are uneven and therefore unfair. (Tenant has to align with rent due dates, LL does not). However I would strongly caution against making assumptions on the resulting treatment, as
*They are mentioned under "specifically negotiated clauses" so not unfair if you agreed with eyes open
* under a SPT, notice would't be symmetrical, which isn't considered unfair.
* under current rules, LL notice is 6 months so definitely longer than your notice
* If it is considered unfair, the clause may be read as being symmetrical, ie both the same as the tenant or both the same as the LL..  unsure which
* If it is considered unfair, the clause may be ignored, in which do you revert to a SPT? 
The ultimate answer to these questions can only be definitively answered by a court.. anyone else is just giving an opinion. Presumably you don't want to go to court over half a months rent, so practically I would just serve notice in line with rent due date as spelled out in the contract.