Giving LL 2 months notice: do I leave in April or May

climbthatwallseegar

This is a very basic question but I’m looking for clarification as my LL has a different view from me. 

My lease has a 6 month break clause which came into effect in January and states I can leave with 2 months notice. 

I gave my LL notice on Feb 21st per the agreement (I pay rent on the 21st). Does this mean I’ll liable for rent for two more months and so can stay until May 21st? Or does it mean I will have to leave 2 months from the date I gave notice, ie April 21st? 

Slithery

Please quote the break clause exactly, otherwise we're all just guessing.

saajan_12

climbthatwallseegar said:

This is a very basic question but I’m looking for clarification as my LL has a different view from me. 

My lease has a 6 month break clause which came into effect in January and states I can leave with 2 months notice. 

I gave my LL notice on Feb 21st per the agreement (I pay rent on the 21st). Does this mean I’ll liable for rent for two more months and so can stay until May 21st? Or does it mean I will have to leave 2 months from the date I gave notice, ie April 21st? 

Please quote the exact clause and your fixed term start / end dates - could be calendar months or tenancy periods, at 6 months or after 6 months, or anything else!

Also regardless of what the clause says, you can always negotiate an early termination with the LL, to leave on X date and pay Y as your final rent. If you both agree, then doesn't matter what the notice period says. 

climbthatwallseegar

Ok thanks, info as follows:-

Fixed term end/start: June 21st 2021 - June 21st 2022.

Wording: “The Landlord agrees the Tenant has the right to terminate the tenancy after the first six months by giving the Landlord not less than two months prior notice in writing to be sent by first class post or hand delivered to the address in clause x. Upon the expiry of this notice the agreement shall cease except that either the Landlord or the Tenant can pursue their legal remedies against the other for any breach of any existing rights under the Agreement”

Slithery

climbthatwallseegar said:

Ok thanks, info as follows:-

Fixed term end/start: June 21st 2021 - June 21st 2022.

Wording: “The Landlord agrees the Tenant has the right to terminate the tenancy after the first six months by giving the Landlord not less than two months prior notice in writing to be sent by first class post or hand delivered to the address in clause x. Upon the expiry of this notice the agreement shall cease except that either the Landlord or the Tenant can pursue their legal remedies against the other for any breach of any existing rights under the Agreement”

So your original tenancy is for a year and one day, not one year? That's very odd but irrelevant to the situation so I digress.

When did you give your notice for? You've said you gave notice on Feb 21st but what date did you give it for?

canaldumidi

I suspect you misunderstand dates and periods....

climbthatwallseegar said:

Fixed term end/start: June 21st 2021 - June 21st 2022.

That's not 12 months. Very unusual for a Term to be 1 year + 1 day - though it does happen....

I gave my LL notice on Feb 21st per the agreement (I pay rent on the 21st). Does this mean I’ll liable for rent for two more months and so can stay until May 21st? Or does it mean I will have to leave 2 months from the date I gave notice, ie April 21st?

Neither. Again that's either 2 months + 1 day, or 3 months + 1 day.

Wording: “The Landlord agrees the Tenant has the right to terminate the tenancy after the first six months by giving the Landlord not less than two months prior notice in writing to be sent by first class post or hand delivered to the address in clause x. Upon the expiry of this notice the agreement shall cease except that either the Landlord or the Tenant can pursue their legal remedies against the other for any breach of any existing rights under the Agreement”

Two months notice served on 21st Feb would expire on 20th April.

However, note that the clause says: "not less than two months prior notice", so you could if you wish give more than 2 months notice. Did you?

What date did you say your notice would expire? If you did not give an expiry date (ie a date you intend the tenancy to end) then the notice is invalid, since the LL cannot guess what you intend.

However as Saajan says, you can agree any date you wish with your landlord's agreement. Even tomorrow. But get the LL's agreement in writing.

GDB2222

Nobody wants to go to court over this, so treat the lease more as guidance, rather than worrying about the correct interpretation. Just confirm  in writing with the LL whatever you agree between you.