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Experts on Tenancy Law step this way please - date of giving notice dispute

5 replies

befuzzled · 28/11/2011 11:50

Hi there, we rent a house, date of payment and rental agreement 26th of the month. Notice period is 8 weeks. They say we can only give notice on the 26th of a month. If miss it, liable for an extra month's rent. Are they right? Here is the wording in the Asured Shorthold Tenancy Agreement:

Mutual Break Clause: Any time after six months o fthe initial fixed term o fthis tenancy (or after a similar period following a fixe dterm extension to the original tenency) either party may invoke this break clause by providing a minimum of two months written notice to the other (such notice to expire on the last day of a rental period of the tenancy). At the end of such notice the tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either party against te other in respect of any breach of any of the terms and conditions of the agreement.

The term shall continue on a monthly basis (notwhithstanding the expireation of the fixed period) until either the Landlord or the Tenant gives to the other not less than two months notice in writing to expire on any rent day which falls on or after a date eight months from the latter of the date hereof and the term commencemnet date and in either event the expiration of any such notice the tenancy here shall cease and determine but without prejudice to any antecedent breach of agreement.

Thanks!

OP posts:
QueenOfFlamingEverything · 28/11/2011 11:54

You can give notice on a date other than the 26th, but it has to be 2 full rental months notice not just two months if that makes sense.

You can't leave in the middle of a rental month without paying up to the end of that month.

befuzzled · 28/11/2011 12:54

Hi there I am still a bit confused, are you saying that if we give notice today, the 28th November - do we have to pay up until 28th January as we say or 28th Febuary as they say?

Or are you saying it would be until 26th Febuary?

thanks for your help!

OP posts:
befuzzled · 28/11/2011 12:55

February sorry, on mobile

OP posts:
QueenOfFlamingEverything · 28/11/2011 13:06

It would be until 26th February. Thats two full rental months from now - you can't include the part rental month that has already started.

befuzzled · 28/11/2011 13:07

We emailed them on the 26th to give notice but they didnt read it until today will that do it?

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