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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi Aston, Sorry I am back again. Here my agency give

Resolved Question:

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?”
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Not understand that why I need to server two months notice?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hi,
Thanks for getting back in touch.
You are indeed correct in that because the Landlord served the Notice on you, any subsequent Notice served by you is invalid, in so far as the Landlord has asked you to vacate on 27th December and you are legally obliged to comply with this request.
The Managing Agents question as to whether you agree the break clause provision is therefore irrelevant. Yes, if you had not received any prior Notice from the Landlord, you would have had to have given 2 months Notice, but this is now irrelevant.
I think you understand that legally, you can not insist on staying until 1st January, and hence the wording in your email to the Agents. I would hope that the Landlord will allow you to remain in the property until 1st January, but if he does not, you do really need to vacate on 27th December, to avoid a demand for further rent.
I hope this clarifies the position.
Kind Regards
AL
Customer: replied 2 years ago.

Hi AL,

So I am entitle to leave property on 27th December 2014 as notice serve by landlord. Let take in account that I have't give them enough notice but landlord already serve me notice before I serve them notice. I think agent playing mind game now. So I am entitle to leave on 27th December 2014 as notice already server by landlord/agent before I serve them notice? Right

Thank you,

Ronak

Expert:  Aston Lawyer replied 2 years ago.
Hi Ronak,
You are perfectly within your rights to leave on 27th December, based on the Landlord's Notice. The Agents are either trying to be clever or they do not know the law.
Think of it this way- pretend you had served a correct 2 month Notice, asking to leave on 27th December and then AFTER you had sent this Notice, the Landlord sent you a Notice asking you to vacate on 27th January. There is no way that you would have to remain in the property until 27th January in this scenario, as the first Notice is the important one.
Hope this helps.
Kind Regards
AL
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Customer: replied 2 years ago.

Thank you so much for your help again.