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  • FIRST POST
    • fly53
    • By fly53 27th Nov 17, 2:42 PM
    • 57Posts
    • 2Thanks
    fly53
    tenancy woes :(
    • #1
    • 27th Nov 17, 2:42 PM
    tenancy woes :( 27th Nov 17 at 2:42 PM
    hi guys i posted earlier, to some great advice

    im now having some tenancy woes myself

    i was lead to believe that my tenancy was a 12 month tenancy with 8 month break clause giving two months notice for the clause(?)

    c.a.b agree that my tenancy which started on the 25th august can be served notice on the 25th feb 2018 to vacate in april 2018

    the letting agent is saying otherwise
    theyre saying its 12 month tenancy with two months notice, ie 10 months instead of 8.

    im not happy at this place and wish to vacate in april.

    can anyone shed some much needed light on this clause?

    please see below,

    many thanks to you.

    break clause:

    the landlord shall be entiled to serve upon the tenant statutory notice of not less than two caleneder months pursuant to section 21 of the housing act 1988 to break this tenancy. such notice:
    4.1.1
    may not be served during the first four months and shall not expire before the end of the eight month of the term.

    4.1.2
    shall be given to expire on the last day of a period of the tenancy and be served in writing

    4.1.3
    shell be served in accordance with the attached terms and conditions

    4.2
    the tentant shall be entitled to terminate this tenancy by giving not less than two calander months notice to break this tenancy provided that such notice:
    4.2.1 shall not expire before the eight month of the term
    4.2.2 will expire on the last day of a period of the tenancy and shall be given in writing.
    4.2.3 shall be served in accordance with the attached terms and conditiosn
    4.2.4 this clause replaces or amends any relavent clauses within the attached tenancy terms and conditiosn inpparticular part four clause 1.2
    4.3
    the tenant acknowleges that should notice of termination in accordance with 4.2 be issued it cannot be recinded




    regards
Page 3
    • fly53
    • By fly53 1st Dec 17, 11:38 AM
    • 57 Posts
    • 2 Thanks
    fly53
    ok thanks.

    well my intention is to envoke my clause before the 24th feb in a letter saying im out of here by the 24th april thus ending my tenancy

    ide doubt very much theyd be daft enough to chase me to court over such a poorly worded clause as this one.

    thanks
    • Comms69
    • By Comms69 1st Dec 17, 11:43 AM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    Not necessarily.

    1) Contract might specify the tenancy will start on Sunday. Landlord/agent not availble on Sunday so gives keys to tenant the preceding Friday for convenience, on the understanding that as per the contract, the tenant will not move in till Sunday.

    2) More ambiguously, the LL might grant the ... er... 'occupier'... a licence to move in on the Friday (either just their belongings and/or themselves), with the tenancy, and obligation to start paying rent, starting on the Sunday as per the contract

    The law is often more complex than at first sight.

    Clearly in the above examples, much depends on the intentions of the two parties.
    Originally posted by G_M


    You're right, I should've said legal possession. I was more suggesting a tenancy couldn't start before possession was granted, but fair point
    • Comms69
    • By Comms69 1st Dec 17, 11:48 AM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    Excuse my Naivity, but would the concept of "Contra proferentem" (where ambiguity in a contract favours the person who didn't draw it up) help here at all? Just curious.

    Peter.
    Originally posted by nyermen


    Possibly, but the clause seems quite clear to me. The tenancy will expire at the earliest, at the end of the eighth tenancy period, provided it is served 2 months in advance.

    It must be served in writing, presumably to the address attached in the terms and conditions.
    • fly53
    • By fly53 1st Dec 17, 12:20 PM
    • 57 Posts
    • 2 Thanks
    fly53
    provided, as i read it, that notice is served no later than 2 calender months in advance,
    so i can serve it at any time i want before the 24th feb
    • fly53
    • By fly53 18th Dec 17, 8:54 AM
    • 57 Posts
    • 2 Thanks
    fly53
    can someone help me with what the wording should be? im worried if its not precise theyll say its invalid?
    • fly53
    • By fly53 3rd Jan 18, 11:24 AM
    • 57 Posts
    • 2 Thanks
    fly53
    sorry to bump the thread.

    can they get funny if i dont word it exactly?
    • Comms69
    • By Comms69 3rd Jan 18, 11:38 AM
    • 2,970 Posts
    • 2,938 Thanks
    Comms69
    sorry to bump the thread.

    can they get funny if i dont word it exactly?
    Originally posted by fly53
    Legally, not really. You aren't expected to get it spot on.


    A typical notice would simply say


    I will vacate on X date (just make sure it's correct) and the tenancy will end at that time.
    • fly53
    • By fly53 3rd Jan 18, 11:46 AM
    • 57 Posts
    • 2 Thanks
    fly53
    thanks alot for the reply.

    so i just need to say i will vacate on the 24th april
    • G_M
    • By G_M 3rd Jan 18, 12:03 PM
    • 44,049 Posts
    • 52,164 Thanks
    G_M
    Dear Mr Landlord,

    I am writing to implement the Break Clause in my tenancy agreement at the above address.

    Under clause 4.2 of the contract the tenancy can be terminated "by giving not less than two calander months notice to break this tenancy provided that such notice:
    4.2.1 shall not expire before the end of the 8th month of the term".

    The tenancy commenced on the 25th August, thus the 8th month will end on 24th April.

    I shall therefore be vacating the premises, and ending the tenancy, on 24th April 2018.

    Kindly acknowledge receipt of this letter, and advise me what arrangementts you wish to put in place for the return of the keys, and my deposit.

    I should like to take this opportunity to thank you for your help during the period of my tenancy.

    Yours sincerely,

    Fly53

    cc: xyz agency
    ----------------------------------------------------------------

    Send the letter addressed to the landlord at the address "for serving noticess" in the tenanc agreement.

    Send a copy addressed to the agent.

    Post both letters from a post office and ask for 'proof of posting'. Do not send by recorded delivery.
    • fly53
    • By fly53 3rd Jan 18, 1:33 PM
    • 57 Posts
    • 2 Thanks
    fly53
    thank you very much G_M.

    so my understanding is that it must reach them before feb 24th? (the letter)

    i owe you one
    Last edited by fly53; 03-01-2018 at 1:58 PM. Reason: edited post
    • G_M
    • By G_M 3rd Jan 18, 10:15 PM
    • 44,049 Posts
    • 52,164 Thanks
    G_M
    so my understanding is that it must reach them before feb 24th? (the letter)
    Originally posted by fly53
    Correct. 'Reach' not sent.

    If sent by first class post (as explained with proof of posting) the law assumes delivery 2 days later, so post on 22nd at the latest (or hand deliver on 24th with a witness).
    Last edited by G_M; 04-01-2018 at 11:50 AM.
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