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ClaireD
ClaireD, Solicitor
Category: Property Law
Satisfied Customers: 3090
Experience:  I am a specialist property lawyer dealing in all aspects of residential and commercial property with 14 years experience
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We asked the letting agency for a six month contract and in

Resolved Question:

We asked the letting agency for a six month contract and in response they have provided us with a 12 month contract with the above clause included in the tenancy agreement. We received the tenancy agreement last Friday late afternoon and we went to the letting agency, to explain certain clauses to us, but instead was rather condescending in manner and in such a hurry to make us sign the tenancy agreement, and tried to discourage us from finding out elsewhere. Now, if we had more time to find another place, we would have ditched them, but we cannot get our £420 holding deposit back, unless the prospective landlord changes his mind, so may have to cut our losses – as our current letting agency are anxious for us to vacate the property due to the section 21 letter.

Special clause/terms in tenancy agreement:

“…The landlord or the tenant may bring the tenancy to an end at any time before the expiry of the term (but not earlier than six months from the commencement date or the date of this agreement whichever shall be the later) by giving not less than TWO months notice in writing such notice to expire on the last day of a rental period…”


Therefore, we wanted to check whether I understood this special clause correctly. Does it mean:
a) Only after six months, we can hand in our notice and be at the property for a total of eight months, or,
b) Can give two months notice after staying in the property for four months, ending in a total of six months?

To be honest, I have no idea what the last sentence mean, can you please translate this legalese please? Thanks
Submitted: 3 years ago.
Category: Property Law
Expert:  ClaireD replied 3 years ago.

ClaireD :

Hi. The answer is b. You give 2 months notice ending at the end of the six month period or any time as long as it finishes on a rent period end. Be aware that if you miss the notice by 1 day you could in effect give 3 months notice.

Customer:

Thanks for that. Now I know that the letting agency blatantly lied to us and it makes sense, why they were in such a hurry to pressurise us to sign, but we resisted strongly. Now we really don't want to sign up with such a dishonest letting agency. Is there any other way, we can get our holding deposit back?

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