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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10551
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi,I am confused with how many months notice I have to

Customer Question

Hi, I am confused with how many months notice I have to give if I want to move next year 01/01/2015. Here I attached some fact about my contract. 1)The tenancy will be for a term from and including the 28th June 2014 (“the Commencement Date”) to and including 27th June 2015 (“the Expiration Date”). 2) Notices 7.8.1 In the event this Tenancy becomes a periodic tenancy, the Landlord agrees that the Tenant can terminate the tenancy by giving the Landlord not less than one month’s notice in writing to be sent by first class post or hand delivery to the Landlord or his Agent. The Tenant agrees that the Landlord can terminate the tenancy by giving the Tenant not less than two months’ notice in writing to the Tenant to be sent by ordinary post or hand delivery to the Tenant. It is Initials of Agent / Landlord(s): Initials of Tenant(s): Page 14 of 16 mutually agreed that such notice period must expire at the end of a period being on the 27th of a month. 3) Tenancy Break Clause Both parties shall have the right to terminate the tenancy at the end of the first six month period or at any time after completion of the first six month period, by giving to the other not less than two months’ notice 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 the parties in respect of any antecedent breach of any of the covenants herein contained. The period of notice must expire at the end of a period being on the 27th of a month. This is ASSURED SHORTHOLD TENANCY AGREEMENT Thank you, Ronak

Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

As per the Break clause, you could terminate the Tenacy before the end of the fixed term by giving 2 months notice, to expire on 27th of a month.

Therefore, on the basis that you wish to vacate early next Year, I am afraid the earliest you could vacate is 27th Feb. This is because you have to give 2 months Notice, on or before the 27th of the month and to end on the 27th two months later.

You therefore need to serve Notice anytime now and before 26th Dec, giving Notice to vacate 2 months later ie 27th February.

(If the Landlord/his Agents had received a Notice from you today, you could have given Notice to leave on 27th January).

I hope this assists you and sets out the legal position. Please let me know if you require any further clarification.

Kind Regards

AL

Customer: replied 2 years ago.

Hi, Thank you for your advice but I am still not sure that, in notice it is return that after tenancy becomes a periodic(ASSURED SHORTHOLD TENANCY AGREEMENT which is always 6 months fix) I need to give 1 month notice so after 27/12/2014 it is become periodic so I need to serve one month notice as I would like to leaving after 31/12/2014. I am not breaking any contract but I am giving notice after my fix terms(6 months).Please clarify this. Thank you, Ronak

Expert:  Aston Lawyer replied 2 years ago.

Hi Ronak,

You have a 12 month Tenancy- it only becomes periodic after 27th June 2015.

Kind Regards

AL

Customer: replied 2 years ago.

Hi Aston,

So what is the best way if I need to leave on 01/01/2015 which is most cost effective for me? Because rent is hight for this property and I cannot afford any more on this rent. I paid deposit which is £1450. I already serve notice yesterday. Is there any other cost effective way to solve this puzzle? Thank you, Ronak

Expert:  Aston Lawyer replied 2 years ago.

Hi Ronak,

What date to vacate did you put in your Notice?

Kind Regards

AL

Customer: replied 2 years ago.

Hi Aston,

Here I attached my letter which I gave to my agency.




Easymove Estate Agents,
161 HIght Street North, Eastham, London, E6 1JB

26/11/2014

Hi,

I hereby give notice to terminate my tenancy at 93 Boundary Road, Plaistow, E13 9PT. I am hereby sendingEasymove Estage Agents an advanced notice of 30 days notice, in accordance with as my rental agreement.

The last day of my tenancy will be the 27/12/2014. I request the right to be present during inspection of the premises for damages. To the best of my knowledge the current state of the property matches the initial inventory and description when I entered into the rental agreement with you on the 28/06/2014. I have time stamped images taken from the start of the tenancy to corroborate that no damage has occurred to the property during the duration of my tenancy. Fair wear and tear may not be deducted from my deposit amount of £ 1450.

I shall advise Easymove Estate Agents of my forwarding address when this has been confirmed. The property which I am will be moving that will be available from 01/01/2015 so my last day in 93 Boundary Road, Plaistow, E13 9PT will be 01/01/2015

Pursuant to the terms of my rental agreement, please return my security deposit within 14 days of the last day on the 01/01/2015.

Thank you,

Ronak Dave

93 Boundary Road, Plastow, E139PT

26/11/2014






Regards,
Ronak Dave



Expert:  Aston Lawyer replied 2 years ago.

Hi Ronak,

Thanks. I'm afraid your Notice is invalid, in that you needed to give 2 months Notice, so if the Agents pick up on this, they can legally ask you to serve another correct Notice, giving 2 months notice, to expire on 27th February.

Likewise, they can legally ask you (and you are legally responsible for) to pay the rent up to 27th February.

I can't therefore give you a legal solution in which you need only pay rent up to 1st January.

The only thing you could do is to just move out anyway, forfeit your deposit, and hope that the Agents don't find out your new address. (They would be entitled to issue Court proceedings against you for the unpaid rent, but would need your forwarding address to issue any such proceedings).

I am sorry this is not the answer you were loking for.

Kind Regards

AL

Customer: replied 2 years ago.

Hi Aston,

Thank you for your advice. I just found one documents which is I attached for your advice. This is documents sign by me and my wife and agent when we did contract Please advice is this help us to end this puzzle? Thank you

Expert:  Aston Lawyer replied 2 years ago.

Hi Ronak,

Thanks. Well, you are free to move out on 27th December and need only pay rent up to this date!!!

I hope this assists.

Kind Regards

AL

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Aston,

Are you sure? Because I am surprised!!!!! Smile. So we are able to leave this property on 27th Deccember 2014?. What if we want to leave on 01/01/2015? Thank you, Ronak

Customer: replied 2 years ago.

Hi Aston,

Are you sure? Because I am surprised!!!!! Smile. So we are able to leave this property on 27th Deccember 2014?. What if we want to leave on 01/01/2015? Thank you, Ronak

Expert:  Aston Lawyer replied 2 years ago.

Hi Ronak,

Yep, I can guarantee that you can leave on 27th December- the Landlord has served this official Notice to terminate on 27th December. So, provided you can pay the rent up to this date, you will be entitled to your Deposit back.

I'm afraid if you leave after 27th December, you will be responsible for paying additional rent even if you only wanted to stop until 1st Jan.

Good Luck!

AL

Customer: replied 2 years ago.

Thank you so much Aston, Very pleased with you service. Thank you.

Expert:  Aston Lawyer replied 2 years ago.

No worries!

All the Best

AL

Customer: replied 2 years ago.

Hi Aston,

Sorry I am back again. Here my agency give me trouble again. I attached conversation details for your advice.

1) Receive email from agencye

The subheading for the clause is Tenancy Break clause. Please can you confirm your understanding of Tenancy Break Clause 7.10 and 7.8?

If you read the actual clause, it mentions the following:

“ Both parties shall have the right to terminate the tenancy at the end of the first six month period or any time after the completion of the first six month period, by giving to the other not less than two months notice in writing, and upon expiration of such Notices this Agreement and everything herein contained shall cease and be void subject nevertheless to the right of the parties in respect of any antecedent breach of any covenants herein contained. The period of the notice must expire at the end of a period being on the 27th of a month”.

Clause 7.8 is only valid if your Agreement becomes a statutory periodic tenancy which in you case does not apply at this time.

Please note you are required to leave the property on the 27th December 2014 and not 1st January 2015 according to clause 7.10. Please confirm if you agree to this?

We have spoken to the Landlord who is unhappy to hear that you have served the incorrect amount of notice. If you leave the property on 27th December 2014 and the Landlord does not secure a new Tenant before that date he will be losing out on money at no fault of his and he believes that to be unfair. Therefore he has decided he will allow you to leave the property on the 27th December 2014 based on the condition that if he does not secure a new Tenant until 27th December 2014, you will be required to pay rent until the Landlord does find a new Tenant which for the full two months notice regardless you will not be staying in the property.

Please confirm how you wish to proceed further?

2) I replied


I attached one document for your reference please can you confirm your understanding with this letter. This letter was signed by me, my wife and by eastmove (Irfan) on 28/06/2014 when we did contract with easymove for this property. According to my understanding I can leave on 27th December- the Landlord has served this official Notice to terminate on 27th December 2014. So, I am entitled to get my Deposit back.

I would like to leave with good relation so when we need each other there is no hesitation to get service in future. This is humble request that my future property will be available after 31/12/2014 so I would like to leave on 01/01/2015. I am asking just 5 days extra which make your and my life easier. You are entitled to get 5 days rent if you allow me to leave until 01/01/2015. Please confirm how you wish to proceed further?

Thank you,

Ronak

3) Agency replied again that


Hi Ronak

In relation to the attachment, section 21 was served to you by the Landlord leave the property on 27th December 2014, This was sent because if the Landlord did intend to take the property back from you, he could have easily gained possession and not breached clause 7.10. The Landlord did not want you to leave the property , therefore no further action was taken. As you have served the notice ,you should have served two months notice according to clause 7.10.

Please can you also answer my question which I asked you in the previous email which is as follows:

“Please can you confirm your understanding of Tenancy Break Clause 7.10 and 7.8?”

---------------------------------------------

Not understand that why I need to server two months notice?


Expert:  Aston Lawyer replied 2 years ago.
Hi Ronak,
I am happy to assist you with your further enquiry, but could you please re-post it as a new question.
Please click on "requestCustomer.
Thanks
AL