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LondonlawyerJ
LondonlawyerJ, Advocate
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I have a tenancy on a commerical property. It is in a ltd company

Resolved Question:

I have a tenancy on a commerical property. It is in a ltd company name but i had to go guarantor for the property.

I handed in my notice, 5 months ago i had to give 6 months notice, today i recieved a letter saying thats i had dated the letters the 28th august and becasue they didnt receive them until 9th and the 10th of septembet that my notcie had been served incorrectly, and that i have to give them another 6 months notice now.

Is this legal, can they do this?

What rae my options??
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

I am a solicitor with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Your first step is to look at your tenancy agreement and see what the notice provisions are. Did you date them 28th August, was that correct and when did you post/email them?

Customer:

The earlies date we could give notice for our tenancy was the 28th August, we dated the letter for the 28th August but then didnt send the letters out until the 8th of spetember, we had to send to 2 different address a copy of the letter which we did and the acknowledge they received them but they now say they received them to lae 9 and 10 days to late.

Customer:



Kerry Edwards LTD


1 Ambleside road


Oswestry


Shropshire


SY11 2YJ


28/08/2013



Dear Sir/Madame


We are givng our 6 month notice for termination of lease for unit 7 Radfords field, Maesbury Road, Oswestry, Shropshire SY10 8RA from todays date 28/08/2013.



Could you please respond at your earliest convenience acknowleging you have received this letter and also with a date that the contract will end.



Appreciate a speedy reply



Regards



Kerry Edwards LTD


Managing Director

Customer:

Attahced is a copy of the letter we sent to end the tenancy

Customer:

HJere is a copy of the agreement also

Customer:

AGREEMENT
PARTICULARS OF TENANCY
__________________________________________________________________________________
AGREEMENT DATE 2012
__________________________________________________________________________________
Parties
(1) ADVANTAGE (GP) LIMITED company registration number 06051161 (for and on behalf of and in
its capacity as the general partner of PXP WEST MIDLANDS LIMITED PARTNERSHIP company
registration number LP012091) and ADVANTAGE (NOMINEE) LIMITED company registration
number 06082581 (for and on behalf of and in its capacity as the general partner of PXP WEST
MIDLANDS LIMITED PARTNERSHIP company registration number LP012091) whose registered
office is Centrix House Crow Lane East Newton Le Willows St Helens Merseyside WA12 9UY
(“the Landlord”)
(2) KERRY EDWARDS LIMITED company registration number 07559382
having its registered office at 145-157 St John Street London EC1V 4PW (“the Tenant”)
(3) XXXXX XXXXX
ofXXXXXOswestry Shropshire SY11 2YJ (“the Guarantor”)
____________________________________________________________________________________
The Property
Unit No 7 on the Landlord’s Radford’s Field Industrial Estate (“the Estate”)
at Off Maesbury Road Oswestry Shropshire SY10 8RA
as more particularly shown on a master plan (“the Master Plan”) at the office of the Landlord at: Centrix @
Keys Keys Business Village Keys Park Road Hednesford WS12 2HA
____________________________________________________________________________________
The Term
Three years from
and including
("the Term Start Date") but determinable as
set out in Clause 4.
____________________________________________________________________________________
Rent
(a) The Principal Rent £1025.83 per month plus VAT
(b) The Maintenance Rent £139.90 per month plus VAT (“the Basic Rate” which shall
be subject to
variation in accordance with the Schedule Part I in respect whereof the Base Figure is 238.0 )
(c) The Principal Rent
Start Date
2012
(d) The Maintenance Rent
Start Date
2012
____________________________________________________________________________________
Performance Deposit
Performance Deposit £1398.86 One Thousand Three Hundred and Ninety
Eight Pounds and Eighty Six Pence
The Rent Cesser Period 2 Years
____________________________________________________________________________________
Specified Use (if any) B2 General Industrial
____________________________________________________________________________________
2
1. THE Landlord shall let and the Tenant shall take the Property Together with the Landlord’s fixtures and
fittings in the Property and the following rights
a. free and uninterrupted use for all services or supplies to the Property through all common drains,
pipes, wires and cables in or over the Estate
b. the right to use the access road on the Estate with or without vehicles for the purpose of access
to and egress from the Property
c. the right to use any service areas designated by the Landlord on the Master Plan for the purpose
of loading and unloading
EXCEPTING AND RESERVING to the Landlord and all persons authorised by it
a. free and uninterrupted use for all services or supplies from the remainder of the Estate of all
common drains pipes wires and cables in or over the Property
b. the right at all times to use the Reserved Parts (if any) for purposes suited to the manner in which
the Reserved Parts are laid out (including where appropriate the passage parking or loading of
vehicles thereover or thereon)
c. the right to build upon alter or otherwise use the land or buildings adjoining the Property as the
Landlord sees fit notwithstanding any interference with the access of light or air to the Property
d. the right to enter the Property to inspect and to make repairs alterations or additions to any other
property or service media of the Landlord or to the Reserved Parts (if any)
e. the right to enter the Property for any other purposes mentioned in this Agreement.
TO HOLD for the Term (determinable as herein provided) paying during the Term first the Principal Rent and
secondly the Maintenance Rent and as a further rent any Value Added Tax (or any tax of a similar nature that
may be substituted for it or levied in addition to it) payable on the Principal Rent or Maintenance Rent each of
such rents to be paid without any deduction in advance on the first day of each calendar month the first
apportioned payment of the Principal Rent and the Maintenance Rent for the period commencing on the Rent
Start Date and expiring on the last day of the first whole calendar month beginning after the Rent Start Date to
be payable on the Rent Start Date
2. THE Tenant agrees as follows:-
i. On the signing of this Agreement to pay the Performance Deposit as set out above to the
Landlord as security of the Performance of the Tenant’s covenants. The Performance Deposit
shall be returned to the Tenant on the expiry of the term provided that the Tenant has complied
with the Tenant’s covenants in full
ii. To pay the reserved rents as set out above without deduction or set off and to authorise the
Landlord directly to debit the Tenant’s bank account from time to time with the said reserved
rents as they fall due and (without prejudice to any other remedy of the Landlord) where any such
rents shall be due but unpaid to pay to the Landlord on demand interest at 4% above the base
lending rate from time to time of Barclays Bank plc on the outstanding amount from the due date
until payment.
iii. To pay all rates taxes and outgoings of an annual or recurring nature charged or imposed on the
Property and a fair proportion as certified by the Landlord’s surveyor of such rates taxes or
outgoings (if any) charged or imposed on any of the parts of the Estate specified in paragraph 4
of Part II of the Schedule hereto
iv. To pay to the Landlord within 7 days of demand the whole or (as the case may be) a fair
proportion of any excess in respect of any insurance claim made by the Landlord under any
insurance policy covering the Property and/or the Estate
v. a. To comply with all statutory requirements (including all regulations orders and byelaws
made under or pursuant to them) and with all codes of practice and British or European
Standards issued by the Health and Safety Executive the Health and Safety Commission
the Environment Agency or any other relevant regulatory authority affecting the Property
or the Tenant’s user of it
b. To exercise the utmost care and conform to best practice in the handling and storage of
source materials, finished goods and waste including proper containment and provision
for spillage to prevent any ingress to the ground surface or foul drainage systems or
watercourses whether inside or outside the Estate
c. To provide to the Landlord on request all such information as to the Tenant’s use and
occupation of the Property as the Landlord may reasonably require
3
vi. a. To place and keep the interior of the Property (including the doors and windows thereof
whether internal or external and the frames thereof and the glass therein the interior
finishes of the walls and ceilings the floor slab and any drains within the building on the
Property) and the Landlord’s fixtures and fittings therein in good repair and properly
decorated and maintained (except exterior decoration of doors and windows and frames)
and to keep the Property clean and tidy and to redecorate the interior of the Property in
the last three months of the Term to the Landlord's satisfaction
b. Where there is a compound at or exclusively serving the Property to clear and clean it
regularly to the Landlord's satisfaction
c. Where the Tenant is in default under sub-clauses 2vi.a and b the Landlord may enter the
Property and make good the default in repair or decoration and the expense of so doing
shall be borne by the Tenant and paid to the Landlord on demand
vii. Promptly to make good to the satisfaction of the Landlord any wilful or accidental damage to the
Property or the Estate caused by the Tenant or the Tenant’s servants agents or licensees and to
indemnify the Landlord against any claims proceedings or demands and the costs and expenses
incurred thereby which may be brought against the Landlord by any servants work people agents
or visitors of the Tenant in respect of any accident loss or damage whatsoever to person or
property howsoever caused or occurring in or upon the Property
viii. To allow the Landlord or any duly authorised persons to enter the Property to inspect it at any
time during normal business hours
ix. To permit the Landlord to affix upon any suitable part of the Property a notice relating to its
reletting in the last three months of the Term (unless the Landlord and the Tenant have agreed a
renewal) or immediately if the Tenant serves notice under clause 4 and the Tenant will not
remove or obscure the notice and will at reasonable times permit those authorised by the
Landlord in connection with any such reletting to enter and view the Property without interruption
x. Not to form any rubbish or scrap heap on the Property or the Estate or to store goods or materials in
the open air
xi. Not to obstruct or permit the obstruction of any fire escape routes on the Property or the Estate
xii. Not to install any steam or process boiler equipment in the Property
xiii. Not to make any alterations additions or improvements to the Property except (with the
Landlord's prior consent in writing which will not be unreasonably withheld after receiving plans
and specifications in triplicate for the proposed works) internal non-structural alterations and the
Tenant must (unless the Landlord requires otherwise) remove any such alterations at the end of
the Term and reinstate the Property to its condition prior to the carrying out of the alterations
making good any damage caused to the Landlord's satisfaction
xiv. Not to remove any of the Landlord’s fixtures and fittings
xv. Not to permit any substance to which the Landlord objects to enter the drains of the Estate
xvi. Not to display any notice or advertisement on the Property except a sign previously approved by
the Landlord bearing the Tenant’s name and to remove any such sign at the end of the Term
(however determined) making good any damage caused to the Landlord's satisfaction
xvii. Not to use the Property except as a factory workshop or warehouse operated in such a manner
as to prevent what is in the opinion of the Landlord any nuisance or annoyance to it or its other
tenants or the neighbourhood and where there is a Specified Use entered in the Particulars of
Tenancy not without the previous consent in writing of the Landlord (such consent not to be
unreasonably withheld) and where appropriate of any superior Landlord to use the Property
except for the Specified Use and not to reside or sleep or permit anyone else to reside or sleep in
the Property and not to keep animals on the Property
xiiii. Not to park vehicles on the Estate except in car parks as directed by the Landlord and not to
obstruct any Estate roads service areas or car parks
xix. Not to do anything in the Property which would invalidate any insurance by the Landlord
xx. To comply with all regulations and directions as the Landlord may from time to time make or give
for the orderly convenient and proper management of the Estate of which the Tenant has
received notice in writing
4
xxi. To yield up the Property at the expiration or sooner determination of the Term in a condition that
is in accordance with the Tenant's covenants contained in this Agreement
xxii. Not to charge assign underlet or part with or share possession or occupation of the Property or
any part thereof [but the Tenant shall be entitled to share occupation of the Property with a
company that is a member of the same group of companies as the Tenant (as defined in section
42 of the Landlord and Tenant Act 1954 (as amended)) provided that no relationship of landlord
and tenant is created and such company vacates immediately upon ceasing to be a member of
the same group]
xxiii. To notify the Landlord immediately if the Tenant changes its name and to provide the Landlord
with a copy of the Certificate of Incorporation on Change of Name or such other documentary
evidence as the Landlord shall reasonably require
xxiv. To pay and indemnify the Landlord against Value Added Tax (or any tax of a similar nature that
may be substituted for it or levied in addition to it) chargeable in respect of any rents or other
payments made paid or payable by the Tenant under any of the terms or in connection with this
Agreement or in respect of any payment made by the Landlord where the Tenant agrees in this
Agreement to reimburse the Landlord for such payment
xxv. If the Landlord suffers any loss of rating relief that may be applicable to empty premises after the
end of the Term because the relief has been allowed to the Tenant in respect of any period
before the end of the Term then the Tenant covenants to make good such loss to the Landlord
3. THE Landlord agrees as follows:-
i. if the Tenant duly pays the Principal Rent and the Maintenance Rent and observes the terms of
this Agreement the Tenant may enjoy the Property while this Agreement continues without
interruption by the Landlord
ii. to provide the services specified in Part II of the Schedule hereto except where prevented by
circumstances beyond its control
4. i. THE Landlord may determine this Agreement on six months’ written notice to the Tenant
expiring at any time
ii. THE Tenant may determine this Agreement on the 18th month anniversary of the Term Start
Date providing 6 months prior written notice is served to the Landlord
iii. Any notice served under the provisions of this Clause shall be in writing and irrevocable
iv. The Tenant fully vacating the Property on or before the Termination Date
v. Upon the Termination Date if notice has been duly served as stated above and the Tenant has
paid all rents and other sums due and has complied with all the Tenant’s Covenants and other
obligations under this Agreement this Agreement shall cease and determine without prejudice to
the rights of either party against the other for any antecedent breach of covenant
5. i. If the said reserved rents or any part thereof shall be in arrears for 14 days (whether or not legally
demanded) or if there shall be any breach of any of the agreements by the Tenant in Clause 2 or
if the Tenant (being an individual) shall become bankrupt or have a Bankruptcy Petition
presented in respect of him or shall be unable to pay his debts within the meaning of the
Insolvency Act 1986 or shall have a Bankruptcy Order made in respect of him; or if the Tenant
(being a company) shall have an administrative receiver or administrator appointed in respect of
any property of the Tenant or shall pass an effective resolution for winding up or shall have a
winding up petition presented or a winding up order or an administration order under the
Insolvency Act 1986 made against it or the Tenant shall make or propose any arrangement for
the benefit of creditors whether pursuant to the Insolvency Act 1986 or otherwise or make or
propose any other arrangement with creditors by composition or otherwise or shall suffer any
distress or execution to be levied on its goods at the Property the Landlord or any duly authorised
persons on its behalf may at any time thereafter re-enter the Property (or any part in the name of
the whole) and this tenancy shall thereupon determine
ii. The Tenant irrevocably appoints the Landlord to be his agent to store or dispose of any effects
left by the Tenant on the Property for more than seven days after the termination of this
Agreement (however determined) on any terms that the Landlord thinks fit and without the
Landlord being liable to the Tenant save to account for net proceeds of sale less the cost of
storage (if any) and any other expenses reasonably incurred by the Landlord and hereby agrees
to indemnify the Landlord against any liability incurred by the Landlord to any third party whose
property shall have been sold by the Landlord in the mistaken belief held in good faith (which
shall be presumed unless the contrary be proved) that such property belonged to the Tenant
5
iii. Nothing in this Agreement shall imply or warrant that the Property may be used for any purpose
whatsoever under planning legislation now or from time to time in force or that the Property is or
will remain otherwise fit for any such use
iv. In this Agreement:-
a. “The Landlord” has the meaning set out in the Particulars of Tenancy and includes the
reversioner and others for the time being entitled to the rents payable hereunder and where
any person ceases to be the Landlord that person shall cease to have any further liability to
the Tenant under the agreements on the part of the Landlord contained herein
b. “The Tenant” has the meaning set out in the Particulars of Tenancy and includes those
deriving title under the Tenant and where the Tenant is more than one person agreements
on their behalf are deemed to be joint and several
c. “The Property” “the Estate” ”the Master Plan” “the Term” "the Term Start Date" “the Principal
Rent” "the Rent Start Date" “the Maintenance Rent” “the Basic Rate” “the Base Figure” “the
Rent Cesser Period” and “the Specified Use” have the respective meanings set out in the
Particulars of Tenancy
d. “The Reserved Parts” means any part or parts of the Property hatched black on the Master
Plan
v. Subject to the Landlord and Tenant Act 1954 s. 38 (2) the Tenant shall not be entitled to any
compensation under the said Act (or any amendment or re-enactment thereof) on quitting the
Property
vi. If the Property shall be destroyed or rendered unfit for occupation or use by damage covered by
the insurance effected by the Landlord a just proportion (to be finally determined by the Landlord)
of the Principal Rent and the Maintenance Rent shall cease until the Property has been made fit
for occupation and use or until the expiry of the Rent Cesser Period which ever first occurs
vii. The Landlord will use its best endeavours to keep confidential any confidential information
provided in the course of this Agreement subject to its obligations under law including the
Freedom of Information Act 2000
viii. Any notices to be given hereunder shall be in writing and in the case of the Landlord shall be
addressed to PXP West Midlands Limited Partnership at Centrix House Crow Lane East Newton
le Willows WA12 9UY with a copy sent to the Senior Property Manager PXP West Midlands
Limited Partnership at [email protected] Keys Business Village Keys Park Road Hednesford WS12
2HA or at such other address or addresses as the Landlord may notify to the Tenant in writing
and in the case of the Tenant may be given to the Tenant at its last known registered office or its
last known place of business or left for the Tenant upon the Property
6. The Guarantor in consideration of the letting hereinbefore contained being made by the Landlord at its
instance and request hereby (jointly and severally) agree and guarantee with the Landlord as follows:
i. The Tenant will at all times duly pay the rents hereby reserved at the times and in the manner
hereinbefore appointed and observe and perform the agreements and conditions on the
Tenant’s part herein contained and
ii. The Guarantor will at all times hereafter pay and make good to the Landlord all losses costs
damages and expenses which the Landlord may suffer by reason of the non payment of the said
rents or any part thereof at the times and in the manner aforesaid or by reason of the non
observance or non performance of the said agreements or conditions PROVIDED ALWAYS that:
a. any neglect or forbearance on the part of the Landlord in enforcing payment of the said
rents or any part thereof at the times or in the manner aforesaid or in enforcing the
observance and performance of any of the said agreements or conditions shall in no way
relieve the Guarantor from its liability under the agreement or guarantee on its part
hereinbefore contained
b. where there are two or more persons included in the expression “the Guarantor” any
neglect or forbearance on the part of the Landlord in enforcing this guarantee as against
one Guarantor or any agreement made by the Landlord limiting the liability of one
Guarantor under this agreement shall in no way relieve the other Guarantor from its
liability hereunder
7. Exclusion Landlord and Tenant Act 1954
6
i. By this agreement between the Landlord and the Tenant it is hereby agreed and declared that
the provisions of Sections 24-28 of the Landlord and Tenant Act 1954 ("the Act") are excluded in
relation to this tenancy
ii. The Landlord has not less than fourteen days before the date of this tenancy agreement served
on the Tenant a Notice in the form or substantially in the form set out in Schedule 1 to the
Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 ("the Notice")
iii. The Tenant acknowledges that he has read the Notice and accepts the consequences of
entering into an agreement to exclude the provisions of Sections 24-28 of the Act and the Tenant
has signed a simple declaration prior to entering into this Tenancy Agreement to that effect
8. Advantage (GP) Limited as general partner of PxP West Midlands Limited Partnership confirms its
consent on behalf of Advantage West Midlands to the grant of this Agreement pursuant to the powers of
delegation bestowed on it and granted by a power of attorney in accordance with a Loan Agreement
dated 17th April 2007 made between Advantage (GP) Limited (1) Advantage (GP) Limited and
Advantage (Nominee) Limited (2) and Advantage West Midlands (3)
7
THE SCHEDULE
PART I
The Maintenance Rent
1. The Tenant shall pay to the Landlord the Maintenance Rent in consideration of the agreement by the
Landlord in clause 3(ii) hereof
2. The Maintenance Rent for the period from the commencement of the Term to 1st April next following
shall be at the Basic Rate
3. Thereafter the Maintenance Rent payable in each month of a Maintenance Rent Year shall be the
greatest of
(a) The Basic Rate
(b) The Maintenance Rent payable in each month of the previous Maintenance Rent Year and
(c) Such an amount as the Landlord shall by written notice to the Tenant certify to equal the Basic
Rate multiplied by X and divided by the Base Figure where “X” shall be the figure in the Index
published for the January prior to commencement of the relevant Maintenance Rent Year and
such certificate (in the absence of any clerical or arithmetical error) shall be final and binding on
the parties
4. In this Schedule “the Index” means the "All Items" index figure of the Index of Retail Prices published
by the Office for National Statistics on any successor ministry or department or any index stated to be in
substitution therefor and to be related to the original index in a specified manner “the Maintenance Rent
Year” means the year commencing on 1st April
5. If there is any change in the method of compilation of the Index or if it becomes impossible for any
reason to calculate the Maintenance Rent by reference to the Index the Landlord may in its absolute
discretion adopt any other method it considers suitable for the calculation of the Maintenance Rent by
reference to increases in inflation and shall give notice to the Tenant of its adoption
PART II
The Services
1. (a) The insurance of the Property
(b) Insurance against loss to the Landlord resulting from cesser of rent under Clause 5.vi. hereof
limited in the aggregate amount otherwise due for the Rent Cesser Period in respect of the
Principal Rent and the Maintenance Rent
2. The repairing and rebuilding of the following parts of the Property
(1) foundations (excluding the floor slab)
(2) roof
(3) outside walls
(4) all structural parts (excluding the interior finishes of the walls and ceilings)
(5) all drains outside the building on the Property
(6) the Reserved Parts (if any)
3. The decoration of the exterior of the Property including the exterior of the doors and window frames
4. The repairing rebuilding cleansing decorating insuring and lighting (where lights exist) of the following
parts of the Estate used in common with the Landlord all authorised persons and other occupiers for the
time being of the Estate or subject to party rights in favour of the owners and other occupiers for the
time being of the Estate or subject to party rights in favour of the owners of land adjoining the Estate viz:
(a) walls fences gates sewers drains watercourses conduits channels sanitary apparatus pipes wires
cables roads passage-ways footpaths car-parks subways road-signs street-lamps gardens
embankments and open spaces
(b) any other things on the Estate so used in common or so subject to party rights
8
BY this Agreement it is agreed between the parties as specified above
AS WITNESS the hands of the parties on the Agreement Date
Signed as a deed by
ADVANTAGE (GP) LIMITED
Acting by
Director
Director/Secretary
Signed as a deed by
ADVANTAGE (NOMINEE) LIMITED
Acting by
Director
Director/Secretary
Signed as a deed by
KERRY EDWARDS LIMITED (Tenant)
Acting by
Director
Director/Secretary
In the presence of:-
Witness
Address
Occupation
Signed as a deed by
XXXXX XXXXX (Guarantor)
Signed as a deed by
In the presence of:-
Witness
Address
Occupation
APR 12

LondonlawyerJ :

There is a lot of detail there. I will need to set aside some time later today to deal with this but will get back to you either this afternoon or in the evening.

LondonlawyerJ :

 


The relevant notice clause is set out below:


 


4. i. THE Landlord may determine this Agreement on six months’ written notice to the Tenant
expiring at any time
ii. THE Tenant may determine this Agreement on the 18th month anniversary of the Term Start
Date providing 6 months prior written notice is served to the Landlord
iii. Any notice served under the provisions of this Clause shall be in writing and irrevocable
iv. The Tenant fully vacating the Property on or before the Termination Date


 


I assume that the 28th August was the 18 month anniversary of the commencement of the tenancy.


 


It does seem that there is a problem with your notice. You have given 6 months notice from 9th September presuming that it was sent by first class post on the 8th However, the date for vacating the premises given in your notice is probably 6 months from the 28th August. This clearly does not follow the clause set out above and is therefore defective notice. The starting point would therefore be that you need to give them fresh notice and they are entitled to 6 moths rent over that period. If you leave they could claim compensation seeking payment of the missing rent.


 


However, this is not the end of the matter. When did your landlord’s notify you of their displeasure with your notice. Has there been a significant delay? If there has been a delay then it is reasonable for you to argue that they have accepted your earlier notice. Also it is quite clear that you are notifying them of your intention to vacate the premises in 6 months time. At worst they have really only been prejudiced to the extent that your 6 months period should start to run on 9th September as opposed to 28th August.


 


Even if their position is right, which I don’t think it is, they have a duty to minimise their losses arising out of your departure (what lawyers call the duty to mitigate losses) and should be trying to market the premises for occupation on your leaving date. If they don’t do this it will reduce what they can claim.


 


It might be that you could agree to remain the tenants until 6 months from their acknowledgement of servicebut make it clear that this is a good will offer without prejudice to your right leave on 28th February or if leaving a little later is not a problem you could make it an open offer. You could refer to the points set out above in your representations. If your landlord continues to take a hard line you may need to consider instructing a solicitor especially if he instructs one to use against you.


 


In short you are technically in breach but your landlord is over reaching in his reaction and you will probably be able to beat his threatened claim in the way suggested


 

Customer:

We emailed them other 5 months asking for a departure date and that everything was ok, and we received letter dated 28th january telling us that we hadnt served the notice correctly.

LondonlawyerJ :

That I would say is a significant delay. You may want to make representations in the way suggested.

LondonlawyerJ and other Law Specialists are ready to help you