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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.