UK Property Law
Ask an UK Property Law Question, Get an Answer ASAP!
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?
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?
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.
Andthat is what I would say also, however, as I said, if it went to court and thejudge decided to give it the blue pencil test, the whole clause would be struckout and the tenant then could not leave early, unless you wanted them to.
So thetenant really has two options. Either to agree with your interpretation orargue in court and risk that the judge will strike the clause out foruncertainty, and then they have no early termination rights at all.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).