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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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On the 31st July 2015 we renewed our

Customer Question

Dear Sir or Madam,
On the 31st July 2015 we renewed our tenancy agreement for our flat in London. It was agreed that the tenancy would commence on the 31st July 2015 and end the 30th July 2016. The Memorandum of Agreement signed states that we, the tenant have the right to terminate the tenancy on 30th September 2015 or a later date by giving a minimum of 2 calendar months prior notice. Today, the 29th September, we submitted our tenancy termination letter to the agent notifying them of our intent to end the lease on the 30th November, thereby providing a two months notice, as per agreement. We received a response which states that the notice cannot be accepted as per Clause 10.5, the Tenancy cannot be terminated between 15th November 2015 and 31st January 2016. The earliest termination date that we are able to terminate our Tenancy will be 1st February 2016.
After further review of clause 10.5, we believe that the wording of the Memorandum of Agreement was misleading. On the one hand, the agreement states that we have the right to terminate the tenancy on 30th September 2015 by giving 2 months notice, on the other hand it states we may not terminate the Tenancy at any time during the period from 15th November - 31st January 2016. We interpreted the latter condition as not being able to serve notice during the period from 15th November - 31st January. Otherwise the agreement lacks logic. To summarise:
1. Agreement was signed on the 31st July
2. We, the tenant can terminate agreement on the 30th September providing 2 months notice so clearly we could not provide notice prior to the 30th September
3. but we cannot terminate the Tenancy during the periods of 15th Nov- 31st Jan 2016 thereby nullifying our right to terminate the agreement on the 30th September thought this is clearly stated in the contract.
Given the facts, we need to understand if we have any legal right to end the tenancy on the 30th November? Do we have any legal recourse?
Thank you in advance.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** will help you.
Was it for a fixed period, Ie minimum term?
Customer: replied 1 year ago.

There was no minimum term explicitly stated in the memorandum of agreement.

Expert:  Ash replied 1 year ago.
Is it an assured short hold tenancy?
Customer: replied 1 year ago.

Just to clarify we renewed our lease agreement. The original agreement was a standard contractual agreement.

Expert:  Ash replied 1 year ago.
Doesn't say anything that it is an Assured Shorthold Tenancy?
Customer: replied 1 year ago.

no

Expert:  Ash replied 1 year ago.
Ok, you can terminate. If the agreement didnt say it was for a minimum term and it said you could terminate by giving 2 months notice then that is what you can do. If the agreement is poorly drafted that is not your fault. You are simply doing what the agreement says. As such you can terminate.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

The tenancy states: "the tenant has the right to terminate the tenancy on 30th September 2015 or a later date by giving a minimum of 2 calendar months prior notice (we did today). However it is agreed that the Tenant may not terminate the Tenancy at any time during the period from the 15th November 2015 and 31st January 2016.

Expert:  Ash replied 1 year ago.
its not using November to December so you are ok,
Alex
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex

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