Hi,
I have been reading through for a few hours, both forums and FAQs about notice period timings and can't find a conclusive statement either way.
Situation:
Started AST tenancy on 12th June 2010. Contract was 12 months, with 6 month break clause, with 2 months notice. Rent is paid monthly. New contract was issued (not allowed to move onto rolling contract). Same terms, just rent was increased.
We now wish to move out, due to job changes etc, so, if I served notice tomorrow for example (20th), would the 2 months be;
2 months = 8 weeks or the date in two months time (which may be slightly under or over 8 weeks).
Secondly, does the two months start from date of the letter, or from the start of the next rent due date (12th Feb) - i.e leave on 20th March or 12th April?
I'm hoping that it isn't the second option as that as more like 10-11 weeks notice period which doesn't sound fair!
So finally, how would that effect the rent payments, as a month was paid up front at the beginning of the tenancy, I assume that I would end up paying rent on the 12th Feb, the month upfront would cover the next month, and if it does go to the second option of above, a pro-rata figure?
Exact phrasing;
5.5 Either party may terminate this agreement by serving not less than TWO calendar months written
notice, such notice may be served at any time but will not expire before the minimum term of SIX
months has been completed from the date of commencement of the term hereof. On the expiry of
such notice this agreement shall end but without any prejudice to any antecedent breach of the terms
hereof by either party.
5.6 Strictly with the landlord’s or his agents prior written consent and subject to certain conditions that
may include the landlord’s reasonable costs associated with the re-letting of the premises, the tenant
might be allowed to surrender or give up this tenancy before it could otherwise lawfully be ended.
Thoughts?
Thanks for your advice in advance!
I have been reading through for a few hours, both forums and FAQs about notice period timings and can't find a conclusive statement either way.
Situation:
Started AST tenancy on 12th June 2010. Contract was 12 months, with 6 month break clause, with 2 months notice. Rent is paid monthly. New contract was issued (not allowed to move onto rolling contract). Same terms, just rent was increased.
We now wish to move out, due to job changes etc, so, if I served notice tomorrow for example (20th), would the 2 months be;
2 months = 8 weeks or the date in two months time (which may be slightly under or over 8 weeks).
Secondly, does the two months start from date of the letter, or from the start of the next rent due date (12th Feb) - i.e leave on 20th March or 12th April?
I'm hoping that it isn't the second option as that as more like 10-11 weeks notice period which doesn't sound fair!
So finally, how would that effect the rent payments, as a month was paid up front at the beginning of the tenancy, I assume that I would end up paying rent on the 12th Feb, the month upfront would cover the next month, and if it does go to the second option of above, a pro-rata figure?
Exact phrasing;
Quote:
5.5 Either party may terminate this agreement by serving not less than TWO calendar months written
notice, such notice may be served at any time but will not expire before the minimum term of SIX
months has been completed from the date of commencement of the term hereof. On the expiry of
such notice this agreement shall end but without any prejudice to any antecedent breach of the terms
hereof by either party.
5.6 Strictly with the landlord’s or his agents prior written consent and subject to certain conditions that
may include the landlord’s reasonable costs associated with the re-letting of the premises, the tenant
might be allowed to surrender or give up this tenancy before it could otherwise lawfully be ended.
Thanks for your advice in advance!