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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
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Experience:  award winning lawyer with over 15 years experience
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I am a tenant and I have a dispute with the managing agent

Customer Question

I am a tenant and I have a dispute with the managing agent of the property I am renting.
I believe the wording in the agreement allows me to hand notice with immediate affect of one month notice, the agent believes notice period starts at the next payment date.
It is a fixed term agreement with no other clause re termination (except breaches) apart from "It is agreed between the parties that the tenant may terminate this agreement prior to the expiry date as follows: By the Tenant giving the Landlord or his agent one month's written notice to terminate prior to the anniversary of the commencement date of this agreement"
I recently gave notice 5 days after the monthly payment date believing my notice started immediately. The agent suggests, which I am disputing, my notice starts from the next payment date. I would therefore effectively have a notice period of 1 month + 25 days - which is not what the agreement states in my opinion.
In your opinion am I correct or the agent?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Thomas Judge replied 1 year ago.
Thanks for your question. Please remember to rate once you get my answer.
Is there termination date on the contract?
Customer: replied 1 year ago.
Hi Thomas,Yes, 4th July 2014 - so an 18 month fixed term contract. Contract attached.Chris.
Customer: replied 1 year ago.
Correction - 4th July 2016
Expert:  Thomas Judge replied 1 year ago.
Has the landlord agreed to allow the tenancy to be ended early then?
Customer: replied 1 year ago.
yes, landlord agreed to allow it to end early - as I am entitled to do from the last paragraph of the contract. The point of dispute is should the month notice start from the next payment point or immediately.I handed notice on 17th June, agency and landlord say my months notice starts on next payment date of July 4th so I pay up to 4th Aug. I say the wording of the final paragraph means I can hand notice to start with immediate effect at any time in the first year - there is no stipulation that one month notice will start at next payment date.Thanks
Expert:  Thomas Judge replied 1 year ago.
These thins often come down to interpretation but I can see the force of your argument on a strict interpretation of the clause. It is often the case that you need to give one month on a rent date, but that is not what this clause states and as such your argument holds strong.

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