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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In September 2013 i let my house to Local housing solutions

Resolved Question:

In September 2013 i let my house to Local housing solutions on what i thought and i was told by their agent was a 3 year lease.
The front page clearly stated " The term is three years from the commencement date but subject to the provision set out below for ending this lease on notice. "
i assumed that the provisions for ending the lease on notice was for early termination as
S18 stated
On expiry of 12 months written notice given by the landlord to the tenant on any day, such notice not to be given prior to the expiry of one year from the commencement date, the commencement date on this lease is left blank then the commencement date will be notified in the tenants standard letter to the landlord notifying the start of the lease.
However they are now stating that the lease is in effect indefinite until i give the required 12 month notice. surely the first page states the term is 3 years and the section refers to early termination, especially as sections 19,20,21 an 22 all refer to early termination. They claim the heading is ending the lease and not ending the lease early and thus they require 12 months notice. The commencement date is 7.10.2013.
who is right when does the lease end?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
I agree with you. The term clearly states it is for 3 years and they cant get away from that. Its 3 years and that is it.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
they have claimed the followingThank you for your email, the contents of which have been noted.As you have correctly pointed out the lease term is"The term is three years from the commencement date but subject to the
provision set out below for ending this lease on notice."and you have correctly referred us to section 18“On expiry of 12 months written notice given by the landlord to the tenant,
to expire
on any day, such notice not to be given prior to the expiry of one year from
the commencement date,I believe you have miss interpreted the terms, this mean notice required is
12 months , and that such notice is not to be given until after the first
year.Please note that we require 12 months notice due to the property being
occupied throughout our lease agreement, and there are laws in place to
ensure that the correct procedure has been taken when gaining vacant
possession,
the time it takes to gain vacate possession via the correct procedure
depends on the period of the tenancy agreement we hold with the sub tenant,
in some cases this has taken 9-12 months hence our notice to end being put
at 12 months,Therefore we are not miss representing anyone or anything.
We cannot be held liable for your incorrect interpretation of very clear
terms.You are of course entitled to take any legal advice you wish , and we await
your response.Kind RegardsKirsty Sullivan
Local Housing Solutions Ltd.
so can you assure me that I have not misinterpreted the terms.
Expert:  Ash replied 1 year ago.
What does the lease say about renewal?
Customer: replied 1 year ago.
I attached the lease with the question, there seems to be nothing about renewal only the statement about ending the lease viz.
18. On expiry of 12 months written notice given by the landlord to the tenant on any day, such notice not to be given prior to the expiry of one year from the commencement date, the commencement date on this lease is left blank then the commencement date will be notified in the tenants standard letter to the landlord notifying the start of the lease.section 10
promises by the tenant states
the rent shall be guaranteed for the term of the lease provided that the landlord shall not be in breach of any terms of the lease and shall cease to be payable upon the last day of the lease or upon expiry if any notice served under the lease.
which surely implies that the lease has a fixed term or can be shortened by notice.
Expert:  Ash replied 1 year ago.
Ok, if it doesnt say it renews then the clause they are relying on (12 month notice term) does not apply as it automatically comes to an end.
If they wanted to renew it then they should have told you so. If it said this contract automatically renews until notice is given by either party, then you would be stuck.
But it doesnt.
Can I clarify anything else for you?
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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