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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I want to terminate a 28 day rolling contract with an estate

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I want to terminate a 28 day rolling contract with an estate agent who is attempting to sell my property. The t's and c's state I have to give 14 days' notice but he is now saying I need to give 28 days notice. Am I correct in thinking I only have to give 14 days?

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

On what basis, when you point out his own terms and conditions, is he saying that you have to give 28 days notice?
Customer: replied 4 years ago.
I think he is suggesting that by being a 28 day rolling contract, we then need to give 28 days notice. But I presume the 14 days notice is valid regardless of whether it's a fixed term or rolling contract? I haven't yet challenged him on it. I wanted to get some advice before responding to him. The clause in the t&c reads: on expiry of the agency period, unless terminated by either side by a minimum of 14 days' written notice expiring on the last day of the agency period, the agency shall continue as the sole agency until either -
It is terminated by either the seller or the agent on 14 days' written notice

The contract then goes on to address a few scenarios that don't apply such as multiple agency contracts.
It appears that there was initial period.

The initial period expired and it went onto a rolling basis.

If the terms and conditions quite clearly say 14 days notice, that is 14 days notice, not 28. However if there is a conflict in the contract whereby in one section it says 28 and in the other it says 14 that works in your favour.

If this were to go to court, the judge would strike out both clauses for uncertainty. He would not choose one or the other.

The judge will not make something which is ambiguous unambiguous.

So, if there is a conflict in the terms and conditions, both get struck out which means that you can walk away with no notice at all.

You might want to mention that or indeed show this post to the agent if he wants to hold you to 28 days and you don't want it.

If he feels differently of course, he is entitled to sue you for what ever he has lost in the extra 14 days although he is going to have to prove that to the satisfaction of the court.

Jo C. and other Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for your help on this. I've had a closer look at the contract and there is another ambiguity which I'm hoping you might be able to advise on.


The wording of the contract as I wrote before indicates an 'agency period' but in the length of agreement section the agent wrote by hand that it is a 28 day rolling contract. They ticked a box to say the contract was sole agency but in the commission fee section, they do not specify whether their stated fee is for sole or multiple agency. We really want to instruct a new agency without being liable for these fees and wondering whether these technicalities might enable us to end the contract without giving any notice.


In the terms it also says that "the agency shall continue as the sole agency until either

-the seller appoints another agent without giving any or adequate notice in which case the sole agency will continue to apply save that the multiple agency commission fee will be payable if a fee becomes due.






As I said earlier, if there is an ambiguity and this ends up in court, the judge will simply strike out the ambiguity. He will not make a decision one way or the other.

It is called "the blue pencil test".

Either the agreement is for a period of time or it is 28 days rolling.

He cannot be both!

This agent really needs to look closer at their terms and conditions it would seem.

If they try to sting you for multiple commissions, let them take you to court and let the judge decide.