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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I cannot work out the Notice period Licence Agreement

Resolved Question:

I cannot work out the Notice period for my Licence Agreement for my office space
The start date is 1 Nov 2014 and end date is 30 April 2015.
I gave Notice to vacate on 1 Oct 2015.
The Licence Agreement says:
"2 Termination
2.1 This Agreement shall be deemed to have been renewed upon these terms and conditions, with Total fees reflecting the higher of the passing sum or the fee obtainable on a comparable open market Agreement at the time of renewal, for a corresponding further period or periods of the Duration to a new End date, until terminated by either party in accordance with this clause.
2.2 This Agreement may be cancelled and terminated by the user on the initial End date or any subsequent End date, by giving the Operator notice of three months. The Operator may cancel and terminate this Agreement by giving the User notice of at least one month to expire on or after the initial End date (the "cancellation date")
The Landlord says that if not terminated during that 6 month period by giving 3 months notice (as per clause 2.1 & 2.2 in the Terms and Conditions sheet), it continues over as a recurring 6 monthly licence. Since my Notice on 1 Oct (during the second 6 month automatic renewal, did not give 3 months Notice, It carries over for another 6 months from 1 November 2015 and my Notice is not now effective until April 2016. Is that right?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
You can just give 3 months, it does not say that that it has to be before the renew period. Therefore if you gave notice on 1/10/15 then its 3 months from that date, nothing more.
The agreement isnt clear but I think any Judge would find in your favour should it come to it. The agreement is poorly drafted, but that is not your fault.
Can I clarify anything for you about this today please?
Alex
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