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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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On 26th November 2015, I was informed that the existing cleaning

Customer Question

On 26th November 2015, I was informed that the existing cleaning contract would “automatically renew on 12 Jan 16 unless I notified the contractor otherwise 3 months before in writing that I don’t want it to renew.”
At no point in our contract does it stipulate that we have to give 3 months’ prior notice to terminate our contract with them.
Sub section A
The contract states “The duration of this Maintenance Agreement will be for an initial minimum term of 12 months, commencing with the start of service”. The start of service has been confirmed with the contractor as being 12 Jan 2015 and this means the initial minimum term expires on 12 Jan 16. As at 12 Jan 16, will I have fulfilled our legal obligation and contractual requirement of the initial minimum term.
The contract further states “The Maintenance agreement may be terminated after the initial minimum term by either party giving to the 3 calendar months’ notice in writing expiring on the day of the term.
After 12 Jan 16, am I legally able to give the contractor notice to terminate our contract with them and accept that we have to provide 3 calendar months’ notice in writing informing them of this.
Feeling very frustrated as they telling me that I cannot get out the contract now until Jan 2017.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How can I help with this please?
Customer: replied 1 year ago.
I am still waiting for an answer to the above question submitted on 3rd December 2015
Customer: replied 1 year ago.
Having read the information above, after 12 Jan 16, am I legally able to give the contractor 3 months notice to terminate our contract with them.
Expert:  Jo C. replied 1 year ago.
Hi
Sorry if I am missing the point but surely that contract does refer to three months notice.
Or was Subsection A not provided?
Customer: replied 1 year ago.
Start of service was 12 Jan 15. Please ignore date of signature which was 2015. I am being told by the contractor that I cannot give 3 months notice as I have missed the anniversary date. Is what they are telling me legal or can I give them 3 months notice from 12 Jan 16. I attach the contract for clarity. Part 8 refers
Expert:  Jo C. replied 1 year ago.
Ok.
S8 A does seem to refer to notice?
Customer: replied 1 year ago.
This still does not answer the question so i will re-phrase it - wht is my legal obligation regarding notice to end this contract. I need to know where I stand in simple terms -if I give them 3 months notice from 12 Jan 16, is there recourse for them to come back and challenge this?
Expert:  Jo C. replied 1 year ago.
Well, I can only really tell you what is in the contract.
It seems to me fairly clear. You have to give three months notice to expire on the anniversary date.
So if you haven't given notice already then you are too late to terminate in accordance with the contract by the 12 January. You can do so, but it will roll over until the 12th January 2017.
It is a rolling contract effectively unless you cancel three months before the end.
It might be possible to challenge it on the basis that it is void under UCTA as rolling periods have been criticised by the OFT although that case did involve a much longer rolling period and was a consumer.
However, this particular clause is of the clearest I'm afraid.
Can I clarify anything for you?
Jo

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