UK Landlord Forum / Life

Can you tell me what this means please?

My clause!

"Both parties have the right to terminate the tenancy at the end of the first six month period only from the commencement date by giving not less than two months notice (at the end of month four) in writing to that effect and upon the expiration of such notice this agreement and everything herein contained shall cease and be void subject nevertheless to the right of parties in respect of any antecedent breach of any of the covenants herein contained."

Does this mean i can only leave at 6months in and 12months in only? Or does it mean i can leave any time only after 6months (giving 2months notice) ?

thanks!

Quote from: lemonroyale on January 06, 2014, 06:39:49 PM
Can you tell me what this means please?

My clause!

"Both parties have the right to terminate the tenancy at the end of the first six month period only from the commencement date by giving not less than two months notice (at the end of month four) in writing to that effect and upon the expiration of such notice this agreement and everything herein contained shall cease and be void subject nevertheless to the right of parties in respect of any antecedent breach of any of the covenants herein contained."

Does this mean i can only leave at 6months in and 12months in only? Or does it mean i can leave any time only after 6months (giving 2months notice) ?

Not a stupid question, would help if it was written a bit plainer.   I'm no expert but I read it as you've got a 6 month ast which can only be terminated by you by giving 2 months notice up to the 6 month date, ie as it says, at the end of month 4.  It doesn't appear to detail what happens after the 6 months if you don't terminate.  Who gave you the contract?

Hi,

Thanks for your reply, that is the only detail in the contract about the clause. The contract is from a letting agency. I read it as in  the "first" 6 months i cant leave but after that i can give 2 months notice. As refers to the first six months in this way and then it doesn't doesn't mention the second set of 6 is months isn't it implied that its different to the first six?. If there are two ways of reading it who is correct? seems a big vague not sure how this problem can be resolved as my landlady and letting agency has a different view how what it means.

Thanks!

I mean leave at 6 months giving 2 months notice at 4 months* also is it a good idea to approach the LL and try to negotiate ending the tenancy? For example staying in the property until they are able to find a new tenant? Cheers 

What do you want to do and what opposition have you had from trying to do it?

Well i spoke to the agency today and they weren't sure what it meant either. They told me i can leave any time i want by giving 2 months notice but if i do this i also have to pay £250 in fees they incur and £150 in fees that my LL will incur. Not sure how they have come up with that, they also said i should see what my LL wants to do. I would like to move out as my working hours have been reduced beyond my control and can now barely make the rent. Not so much opposition just vagueness. I have my LL number so will call tomorrow and see if we can come to an agreement. The £400 "get out" fee is less than a months rent so it seems like a good option to buy myself a way out of future problems in paying the rent.

What month of the tenancy are you in?

5

Wow Agents sure know how to charge!

I always thought the AST was one month from the Tennant, 2 from the LL.

Good luck anyway, I imagine that the Agency want the fees in place to stop you leaving them and going direct, they do so love to earn money for nothing/a living!

Well its fine now i spoke to my LL and they understood the situation so all i have to pay is the agency fee of £250 and wait until they find a new tenant to take my place. So it all good (sort of). Still not sure what the clause actually meant to say. Thanks

I don't even think that clause is legally enforceable, because a tenant only has to give one month's notice, and that's a statutory legal right.

A lot of tenancy agreements letting agents put together are full of clauses that aren't enforceable, it's pretty scary.