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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19413
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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AST commencement date 26th Sept 2013 signed by the tenant on

Resolved Question:

AST commencement date 26th Sept 2013 signed by the tenant on the 6th Nov 2013 notice given (1 month) by the tenant on the 15th Nov 2013 but condition 12 states "The tenants may bring the tenancy to an end any time before the expiry of the term but not earlier than two months from the commencement date of the dtae of this agreement whichever shall be the later by giving the landlord not less than one months written notice from the dtae that the rent is due stating that the tenant intends to give up possession of the premises" question is as signed late is the two months from the commencement date or the signed date?
Submitted: 7 months ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Stuart J replied 7 months ago.

Thank you for the question. It is my pleasure to help you with this today. Please bear with me if I ask for more information.

 

You said earlier than two months from the commencement date of the dtae of this agreement

 

Do you mean earlier than two months from the commencement date or the date of this agreement

 

Can we have the full background as to who is wanting or claiming what?

 

If the word should be "or" not "of", then the date of the agreement is the date that it was signed, so as that is the later date, that is when notice runs from

 

 

Can I clarify anything?

Customer: replied 7 months ago.


Thank you for your response - I have one other query as it would seem that condition 12 has a typing error as you have highlighted the word "of has been used and it should have been "or". Does this mean that the condition cannot be used as the later date of when the agreement was signed? and I would have to honor the 2 months from the stated commencement date of the 16th september 2013 and not the 6th November?

Expert:  Stuart J replied 7 months ago.
It depends if you are LL or tenant.

If it went to court and the typo was raised the judge could decide to strike the whole clause out for ambiguity (the blue pencil test)in which case there is no right to end early at all!

On the other hand he could look at the construction and use the later date on the basis that what was what was meant
Customer: replied 7 months ago.


I am the LL so it would be from that point of view.


I view it that the structure of the condition implies the later signed date.


 

Expert:  Stuart J replied 7 months ago.


And
that is what I would say also, however, as I said, if it went to court and the
judge decided to give it the blue pencil test, the whole clause would be struck
out and the tenant then could not leave early, unless you wanted them to.

So the
tenant really has two options. Either to agree with your interpretation or
argue in court and risk that the judge will strike the clause out for
uncertainty, and then they have no early termination rights at all.

Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 19413
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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