UK Landlord Forum / Life

Hi everyone,

I need some help please on understanding what is in the tenancy agreement that was prepared by estate agents. My tenants gave me their notice to move out on 17th Feb 2015, but they did not say when would be their last day. I checked the signed contract and it says:

Clause 30.3:
The Landlord agrees that the Tenant has the right to terminate the Tenancy by giving the Landlord not less  than two months' advance written Notice to be sent by recorded delivery to Tenancy Terminations, Marsh & Parsons 80 Hammersmith Road, W14 SUD.  This notice can only expire after the first 8 months of the Tenancy or at any time thereafter.  At the expiry of the notice period the Tenancy Agreement  shall cease except that either the Landlord or the Tenant can pursue their legal remedies against the other for any existing breach of any rights or obligations of the Agreement.

I understand clause 30.3 as indicating that the formal 2 months notice will therefore begin on 12th March 2015 and end on 11th May 2015.

The tenants do not agree that the last day is 11th May 2015. Can someone help clarify here please?

Cheers! 

What were the start dates of the AST and how long was it for?

If you are beyond the initial fixed term of your tenancy, and into a SPT, then that clause 30.3 is an attempt to trump statute.

Never a good idea.

Check out the statutory angle to this... Tenants on a SPT can provide 1 month notice. The Landlord still has to provide 2. Both "at least", obviously.

Are the Tenants asserting their notice would end on 11 April 2015 or something completely different?

The "after the first 8 months of the Tenancy" bit is interesting... not fully understanding that, myself, but it's interesting. Why is 8 months especially relevant?

If you are within the fixed term (maybe it was 12 months?), then maybe the clause does have merit... but it also kinda defeats the object - somewhat, at least - of the fixed term.

The AST started on 12th June 2014 for a term of 2 years.

I think the tenant is right.

8 months from June is Feb, the notice expires in Feb.

Thanks a lot for all your comments. I have just agreed to the tenants departure date as I do not fully understand this horrendous contract that was prepared by estate agents. On top of that, the tenants are estate agents!! I just want them out. I didnt realise there was this 8months clause put in the contract. It sounds bizzare but this will teach me to sign something without fully checking it first!