View Full Version : Tenancy Notice - 6 or 7 months?
16-11-2005, 14:45 PM
I am planning to move into a property on December 01 - but in what month do I need to give notice if I want to move out in 6 months? or do I need to give 7 months notice?
Here is the part in the lease where it gives details on notice
"The term hereby granted may be determined by the tenant at any time not less than six months after the commencement of this Agreement and for any reason by giving to the Landlord’s agents not less than one month’s notice in writing expiring on any day upon which day the term hereby granted shall cease and determine but without prejudice to any of the rights and remedies of the Landlord against the tenant in respect of any antecedent claims of breach of covenant and therefore this tenancy may not expire prior to the first seven months and upon the expiration of such notice then the tenancy shall absolutely cease and determine."
16-11-2005, 14:50 PM
From the information you have provided I assume that you have signed a fixed term tenancy agreement with the Landlord starting 1st December.
If this is so, legally you can leave at the end of the agreement giving NO notice at all. However, to leave amicably, you should give notice on the day you pay your last months rent (provided you pay on time of course!).
16-11-2005, 14:54 PM
If the rest of the tenancy agreement is like this then the landlord is open to trouble, its not exactly plain English is it? Apart from that, you only need to give one month's notice but this notice may not end until the end of the initial term of the agreement so assuming it is a six month agreement starting on December 1st, the earliest you can end it without incurring a penalty is May 31st. After this, the tenancy becomes periodic (unless you sign another one) and you only need to give one month's notice then also. Note that the one month is a minimum period, you can give more if you wish.
16-11-2005, 15:08 PM
"this tenancy may not expire prior to the first seven months"
Its a seven month fixed term, you are tied for 7 months.
16-11-2005, 15:12 PM
The tenancy agreement is under a "Law of Contract" and it is due to expire on 1 December 2006. What happens in this case?
16-11-2005, 15:43 PM
My impression of that term is that it is a fixed term of 6 months not 7
not less than six months after the commencement of this Agreement
Just that they expect her to give at least 1 months notice at the end of the 6 months (which of course she doesn't have to being able to leave on the latest 31st May). Unless of course she stays and then it becomes periodic where she would have to give a months notice.
It would appear to fall foul of the Unfair Terms in consumer contract Regulations(1999) as it is not written in plain English. Hence our confusion as to its exact meaning. I think it is a standard 6 months fixed term, apart from the language problem the only mistake they appear to have made is the fact that they are not aware that a tenant may leave at the end of the fixed period without giving notice if they wish.
16-11-2005, 16:39 PM
It would appear to fall foul of the Unfair Terms in consumer contract Regulations(1999) as it is not written in plain English. Hence our confusion as to its exact meaning.There's a lot of legislation I have to contend with as a landlord, and which gets right up my nose, but I have to say this particular regulation is one I do support wholeheartedly! With reference to the phrase quoted above, several apparently intelligent people here - myself included - are unable to decipher what the hell it means.
What possible justification do the lawyers have for using this sort of language (other than to ensure they receive more work due to their clients being unable to understand it?)
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