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Remus2004
Remus2004, Barrister
Category: Property Law
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Experience:  Over 5 years in practice.
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I would like to know if I can move out with 2 month notice,

Resolved Question:

I would like to know if I can move out with 2 month notice, before the end of contract. I thought this was agreed and the rental contract has the following clause.

''Notice period: the landlord and tenant must give each party 2 months notice before vacating the property.'

However, the landlord now says it has to be 2 month before the lease ending date.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

Is that all it says? It contains no other caveat?
Customer: replied 2 years ago.

I am looking for a property to buy, so I discussed with the landlord before renew current contract. My understanding is that I need to give him 2 month notice if I need to move out before the end of contract.


 


The contract is prepared by the landlord himself. And below is a bit context of around that clause, and a full pdf copy is available here:


https://dl.dropboxusercontent.com/u/24946598/rental-contract-2013-10-ocr.pdf


 


'...


Agreements


 


The tenant and the landlord mutually agree
to observe the requirements of this
agreement.


 


Notice period


 


The landlord and tenant must give each
party 2 months notice before vacating the
property.


 


Damage/repairs


 


The tenant must: ....'

Expert:  Remus2004 replied 2 years ago.
Well, if that is what it says then you can leave after two months notice.

Clearly what the landlord meant is that you should not be able to give notice until a certain point within the contract was reached but thats not what this particular contract says and the lesson really for him is that it is a false economy to save costs by drafting your own contract.

If things are as you say then you only have to give two months notice.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.

Thanks. I think your view is quite clear.


 


Just want to know whether this is based on the entire contract (there was a link to its pdf copy in my last message), or just the part of the contract in my message?

Expert:  Remus2004 replied 2 years ago.
I can't open the link actually.

I have presume that there is no other qualification in this contract from what you have said above.

Even if there is a qualification though you could argue that this is an inconsistent term.
Customer: replied 2 years ago.

Not sure why you can't open the link. Can you try it again? It seems to be working fine from my end.


 


I would really appreciate it if you can have a quick look of the entire contract, which is not very long. It will give me the peace of mind there is nothing to worry about.


 


If that still doesn't work, please try the link below. Please copy the entire line, starting from the 'http' and paste it in a browser address bar.


 


http://bit.ly/1olMm61


 


Thanks,


 

Expert:  Remus2004 replied 2 years ago.
I can open that but its several pages long and appears a fairly amateurish contract.

In any event, it makes no further stipulation about the rental term.
Remus2004, Barrister
Category: Property Law
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Experience: Over 5 years in practice.
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