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Thomas
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Category: UK Property Law
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we entered an assured tenancy for a term of 12 mths with a

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we entered an assured tenancy for a term of 12 mths with a 6 mth break clause in 28 Aug 2008. On 13 July 2010 we gave the agent 2 mths notice to terminate the lease on 13 Sept. The agent is now stating that we are contractually obliged to pay up to the the 28th Sept, which is the date the rent is due. We do not wish to pay to the 28th Sept, are we legally obliged to do so, as this is over and above the standard 1 mth notice tenants need to give landlords.
Submitted: 4 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,


I note you refer to an AST with a 6 month break clause operable in 28 August 2008 - does this mean that the fxed term of the tenancy agreement has now expired?

 

Tom

Customer: replied 4 years ago.
Hi, I believe so - there was an intial term of 12 mths (with a six month break clause) within this term the landlord had requested the following"The landlord has to serve at least two mths notice in a prescribed form expiring no ealier than the end of the initial term. The tenant is required to serve two months notice on the same basis although not prescribed form is required ... The notice period can only take effect from the date that the rent is due, in your case on the 28th of the month and should be served at the end of mth 4 in hte case of the 6mth contract or not sooner than the end of mth 10 in case of the 12 mth contract".
Expert:  Thomas replied 4 years ago.

Hi,

 

It's important - what was the date the tenancy agreement started and are you certain it is for 12 months only?

 

Tom

Customer: replied 4 years ago.
Hi,

the date on the tenancy agreement is 28 Aug 2008, and the expiry date is 28 Aug 2009 - I have just taken these off the contract,
JM
Expert:  Thomas replied 4 years ago.

Right you are now occupying the tenancy under an assured shorthold tenancy agreement which means that your tenancy continues from one rent period to the next but otherwise on the same terms as your previous tenancy.

 

You are required to serve one months (if rent is paid monthly) notice under a statutory periodic tenancy agreement, regardless that the AST referred to a two month notice period. This notice must expire on the final day of a rent period in order to be effective. A valid notice that you could serve therefore must expire on 27th of the month which you wish to terminate - the notice you have served is therefore invalid.

 

In fact the agent could simply wait until the 28 August and when you tried to vacate state that you have not served a valid notice under the SPT and require you to serve another notice. He might be good to his word to accept your earlier notice as being effective on 28th September, he might not - I personally would not take the risk.


My advice would be to serve a further notice upon the agent now in writing referring to the statutory periodic tenancy and giving him one months notice with that notice to expire on 27th September, swallow the extra money and write it off to bad experience.

 

If you don't think he would sue you for the money if you vacated earlier then you could take the risk, but it's very easy to sue for rent arrears and 95% of agents would sue for that amount.

 

Sorry it could not be better news. IF this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 

Tom

 

 



Edited by Thomas on 8/21/2010 at 9:01 AM EST
Thomas, Lawyer
Category: UK Property Law
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Experience: BA (Hons), PgDip, Practising Solicitor
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