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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45339
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A company signed a contract to clean their premises they signed

Resolved Question:

A company signed a contract to clean their premises they signed this on 28th January 2012
Term one reads "This agreement shall continue for one year from commencement of works and there after shall continue by no less than 3 months notice in writing. If that notice is not recieved within 7 days of the renewal date the contract will automaticly renew for the further term mentioned above"
In May 2015 the client tried to give notice but we rejected it and gave them specific instructions in writing that the notice could only be served within 7 days prior of the renewal date that being 28th january 2016. On January 14th we recieved a termination notice from the client and we agian wrote back explaining that the notice had to be served 7 days prior to the renewal date and there for we rejected their notice. Today we have recieved another termination letter but the renewal date 28th January 2016 has passed. They say the renewal 7 day period can be after the renewal date which surly cant be correct it would not make sense to renew after the renewal date? Whos right and whos wrong?
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you have the full contract please?
Customer: replied 11 months ago.
Customer: replied 11 months ago.

Hi Did you recieve the contract?

Expert:  Ben Jones replied 11 months ago.
yes, but please check the report sent to you regarding value of question
Customer: replied 11 months ago.

im sorry I dont understand?

Expert:  Ben Jones replied 11 months ago.
The current value of the question is too low for the type of query, a report was sent with details on that, did you get it?
Customer: replied 11 months ago.

no i did not

Expert:  Ben Jones replied 11 months ago.
ok will try and re-send
Customer: replied 11 months ago.

where will i find it on this page?

Expert:  Ben Jones replied 11 months ago.
I think customer services will email you
Customer: replied 11 months ago.

they have not yet

I am a member so its not a one off question

Expert:  Ben Jones replied 11 months ago.
You can try and submit it again with a higher value then I can close this one
Customer: replied 11 months ago.

I have not put a value on it

Expert:  Ben Jones replied 11 months ago.
ok not sure how the system has decidced on that, if you could please wait for the customer services to contact you then you can try and resolve it with them
Expert:  Ben Jones replied 11 months ago.
Hello Dawn, all sorted now, many thanks for your patience. So I have checked the contract and the key term here is ‘within’. It requires notice to be given ‘within’ 7 days of the renewal date. When you look at what ‘within’ means it is basically inside or no further off than these 7 days and that could be interpreted to mean either side because technically 7 days after the renewal date it is still within 7 days of the renewal. It is a play on words really but it is possible to try and argue that. Saying that, what you could counter-argue is that there is a specific renewal date of the 28 January. This is when the contract automatically renews if no notice is given within the 7 days mentioned. So if no notice was received within 7 days BEFORE the renewal, the contract wold have automatically renewed on the 28th so serving notice within 7 days AFTER that date would be pointless as the renewal would have already occurred.
The other party could still try and argue it but in the circumstances only a court can decide if their interpretation is correct. If it comes to that then really you are in the hands of the judge because I can tell you that with such disputes you could get a decision either way, depending on the judge on the day and how they interpret the wording. It does of course depend on them taking it that far though and there is no guarantee that they would go to court. They could instead try and stop any payments under the contract and in that case the ball moves to your court and you would be the one who has to pursue them for the breach of contract and consider the legal route to recover damages under that breach. I would hope that it goes not get that far though.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45339
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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