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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 11544
Experience:  30 years as a practising solicitor.
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I'm currently in the process of moving to another home

Resolved Question:

Hi, I'm currently in the process of moving to another home I have a query with regards ***** ***** to give notice to leave. Both houses are in Scotland.
The contract I signed in august 2014 has a term:
1. The period of let will be from 16th August 2014 to 15th August 2015 (both dates inclusive)
(the “Initial Term"). To end this Lease on 15th August 2015 either party must give at least
three months prior written notice to the other. If no notice is given to end this Lease at the
end of the Initial Term, this Lease will continue from month to month after the end of the
Initial Term until ended on the 15th day of any month by either party giving to the other at
least three months’ prior written notice.
Since this fixed period has elapsed and we're now on a periodic contract does this mean we still have to give 3 months notice even though the contract renews monthly when we pay the rent? As I was under the impression that the duration couldn't extend outside of the contract?
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
Also another term:
(c) In the event of your leaving the House prior to the end of the Initial Term and/or failing to
give the requisite notice to the Landlord of your intention to quit the House then the
Landlord will be entitled to claim damages in respect of breach of the contract including,
without prejudice to the generality, payment of rent for the period from the date on which
you leave the House to the earliest date on which the tenancy could have been terminated
by notice given at that date or until the Landlord finds a suitable replacement tenant
(whichever is the shorter period).If the notice period isn't valid would this term still be valid?
Expert:  JGM replied 2 years ago.
Thank you for your question.
The lease is badly drafted and has clearly been lifted from another lease without thought having been given to these provisions. If the lease continues month to month then the duration of each renewal on the 15th of each month is for a further month. For that reason it is not possible to give three months notice as it will have expired at least twice beforehand. So a months notice would have to be given in my opinion.
For clause 1 to work the lease would have to provide that it would renew for three months, or more, at a time.
Clause (c) would only apply if less than a month's notice was given.
Please leave a positive response so that I am credited for my time.
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