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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, Im a lodger in an annex (no shared facilities) who

Resolved Question:

Hi,

I'm a lodger in an annex (no shared facilities) who signed a contract with a sum payable on the first of every month, with one months notice to quit to be given by either party.

I was given one months notice to quit, but then reached agreement with the landlord to extend this notice to 3months after which I agreed to vacate.

I was asked to sign an agreement in which the landlord wrote: "If deemed necessary there will be a 2 week notice period given from either party, this being contrary to the original agreement." ie the original agreement stating one months notice to quit.

I paid in full the 3months rent in advance.

I have now received notice to quit, on frankly frivolous grounds.

The offer was made by me (A period of 3months accomodation), accepted by the landlord and consideration paid by me in full.

What takes precedence - the consideration paid for the period (3months), or the notice period (2weeks)?

Many thanks
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Does it specify the period is minimum or it can be terminated by 2 weeks notice please?

Customer:

It states that we agree for me to vacate on a certain date. It also states that it can be terminated by 2 weeks notice (ie before that date). Monies have been paid by me in full to the vacation date.

Alex Watts :

What is the exact wording of the 2 week notice clause please>

Customer:

"As discussed, we will review the situation every few weeks as to how we all feel things are working. If deemed necessary there will be a 2 week notice period given from either party, this being contrary to the original agreement." (original agreement 1 month)

Alex Watts :

Yes but what is the wording of the exact clause, if any

Customer:

This was written separately to the original agreement

Alex Watts :

After the original agreement was signed?

Customer:

yes

Customer:

5 months after

Alex Watts :

Then the original agreement of 3 months stands.

Alex Watts :

He can't then say its 2 weeks notice.

Alex Watts :

That is not valid. The Landlord is trying to vary the agreement.

Alex Watts :

The contract states 3 months so that is what you can have

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

the original agreement stated 1 month

Alex Watts :

OK - then 1 month is then notice period

Alex Watts :

It can't be changed except with consent.

Customer:

We both consented to extend the notice period

Customer:

to 3 months

Alex Watts :

OK. If you have this then that is binding.

Customer:

Further to our discussion today, we are writing to confirm that we have agreed to extend the notice period for you to vacate the annex.

Alex Watts :

If it was agreed, then that is binding

Alex Watts :

You therefore have 3 months

Customer:

"As discussed, we will review the situation every few weeks as to how we all feel things are working. If deemed necessary there will be a 2 week notice period given from either party, this being contrary to the original agreement." (original agreement 1 month)

Alex Watts :

You therefore have 3 months.

Customer:

Further to our discussion today, we are writing to confirm that we have agreed to extend the notice period for you to vacate the annex.

Customer:

As discussed, we will review the situation every few weeks as to how we all feel things are working. If deemed necessary there will be a 2 week notice period given from either party, this being contrary to the original agreement." (original agreement 1 month)

Alex Watts :

Yes but you have 3 months period.

Customer:

ok thank you so much

Alex Watts :

Can I clarify anything else?

Customer:

yes, the additional two week clause is therefore invalid?

Alex Watts :

Yes

Alex Watts :

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Customer:

Thank you Alex, very much

Alex Watts :

All the best

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