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Notice period - just confused !

rakesh5883
rakesh5883 Posts: 73 Forumite
edited 19 March 2017 at 12:57AM in House buying, renting & selling
Hey guys,

I am a tenant & very confused about this break clause and notice period in my rental agreement

From my Tenancy Agreement
The Tenancy will be for a Term of 12 months from and including 8 October 2016 to and including 7 October 2017 subject to either party's right to end the Tenancy early in accordance with the break clause (35.0) below

35.0 Either party may serve notice at any time to terminate the tenancy by providing a minimum of two months written notice to the other, the tenancy may not end until after 6 months of the initial fixed term of this tenancy. At the end of such notice the tenancy shall end and all obligations and responsibilities shall cease.

So, my question is if I inform the agents ( as of today) my intention to leave. When will my last day be ? Will it be 7th June ? or will it be 18th June ?

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Name Dropper First Anniversary First Post
    Not sure where you get either of those dates from. Two months from today would be 18 May, which is after the minimum 6 month term so would be fine.

    But watch that you're providing sufficient notice, as you probably need actually to get a letter into their hands (or send by recorded delivery plus a minimum amount of delivery time) - there may well be another clause saying how notices are meant to be served.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Today is 19th March.

    If notice was served today, 2 months would take you to 18th May.

    However be aware what 'service' means:

    * read your tenancy agreement to see if it tells you how notice should be served. Email may be accepable if it says so

    * there should be an address 'for service of notice'. You could hand deliver to that address (get proof or a witness), or use the post

    * if you post 1st class, service is legally assumed 2 postal days later. So posting today (Sunday) would mean service on Tuesday (21st) so tenancy would end 20th May (not 18th).
  • rakesh5883
    rakesh5883 Posts: 73 Forumite
    edited 19 March 2017 at 2:06AM
    G_M wrote: »
    Today is 19th March.

    If notice was served today, 2 months would take you to 18th May.

    However be aware what 'service' means:

    * read your tenancy agreement to see if it tells you how notice should be served. Email may be accepable if it says so

    * there should be an address 'for service of notice'. You could hand deliver to that address (get proof or a witness), or use the post

    * if you post 1st class, service is legally assumed 2 postal days later. So posting today (Sunday) would mean service on Tuesday (21st) so tenancy would end 20th May (not 18th).

    My tenancy agreement has the below, which means 6 months would be from 8th Oct to 7th April. And 2 months from that would be 7th June. Is my understanding wrong then ? ( when they calculate 12 months as below, then wouldn't 6 months + 2 months notice come to 7th June)

    The Tenancy will be for a Term of 12 months from and including 8 October 2016 to and including 7 October 2017 subject to either party's right to end the Tenancy early in accordance with the break clause (35.0) below
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    G_M wrote: »
    Today is 19th March.

    If notice was served today, 2 months would take you to 18th May.
    The Tenancy will be for a Term of 12 months from and including 8 October 2016
    35.0 Either party may serve notice at any time to terminate the tenancy by providing a minimum of two months written notice to the other, the tenancy may not end until after 6 months of the initial fixed term of this tenancy.
    6 months from 8 Oct 2016 is 7 April 2017.

    As 18th May falls beyond 7th april, there is no problem. You will have complied with the two requirments of the Break Clause:

    1) by ending the tenancy after the initial 6 months, and
    2) by providing 2 months notice.
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