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Giving notice on AST

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Maylix
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Giving notice on AST

#414460

Postby Maylix » May 23rd, 2021, 6:56 pm

Hi Guys
Here's an easy query, it's just that I've got brain freeze at the moment and I can't get it straight in my head:
I'm in a property on an 1 year AST with a 6 month break clause that allows me to terminate the lease by giving 2 months notice to leave. It's after the 6 months, so If I give notice e.g. tomorrow, 24th May, when is the last day that I pay rent for? (bearing in mind I want to minimise the amount of rent I pay and speed up my departure from the property.)
TIA
May Lix

GoSeigen
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Re: Giving notice on AST

#414472

Postby GoSeigen » May 23rd, 2021, 8:07 pm

Maylix wrote:Hi Guys
Here's an easy query, it's just that I've got brain freeze at the moment and I can't get it straight in my head:
I'm in a property on an 1 year AST with a 6 month break clause that allows me to terminate the lease by giving 2 months notice to leave. It's after the 6 months, so If I give notice e.g. tomorrow, 24th May, when is the last day that I pay rent for? (bearing in mind I want to minimise the amount of rent I pay and speed up my departure from the property.)
TIA
May Lix


Check the exact wording of your lease: does it allow you only to leave at exactly 6-months having given 2 months' notice, or does it allow you to leave anytime after six months having given 2 months notice?

If the former, you will have to pay rent until the first anniversary date when the fixed term ends; if the latter, then you'll pay rent until the 24 July assuming the notice was correctly served on 24th May (by hand or post or as otherwise stipulated in the lease).

GS

Maylix
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Re: Giving notice on AST

#414476

Postby Maylix » May 23rd, 2021, 8:25 pm

GoSeigen wrote:
Maylix wrote:Hi Guys
Here's an easy query, it's just that I've got brain freeze at the moment and I can't get it straight in my head:
I'm in a property on an 1 year AST with a 6 month break clause that allows me to terminate the lease by giving 2 months notice to leave. It's after the 6 months, so If I give notice e.g. tomorrow, 24th May, when is the last day that I pay rent for? (bearing in mind I want to minimise the amount of rent I pay and speed up my departure from the property.)
TIA
May Lix


........ if the latter, then you'll pay rent until the 24 July assuming the notice was correctly served on 24th May (by hand or post or as otherwise stipulated in the lease).

GS


Thanks GS, its the latter, so do you mean I pay for the 24th July, or is my last day of paying 23rd July?

TIA
Maylix

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Re: Giving notice on AST

#414484

Postby SteelCamel » May 23rd, 2021, 9:36 pm

I could be wrong, but I think leases are assumed to begin and end at midnight. If you give notice on 24rd May, after midnight, it isn't two clear months to the end of the 23rd July (you're a few hours short) so would have to give notice for the end of 24th July (which is two months plus a few hours).

I'd also check that there's nothing requiring the notice to end on a rent day - in that case you may have to pay for three months.

UncleEbenezer
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Re: Giving notice on AST

#414489

Postby UncleEbenezer » May 23rd, 2021, 9:57 pm

IANAL. But I've spent most of my adult life renting and learned things I wish I had no need for.

As I understand it, the default position (i.e. the position unless the lease says otherwise - which could also take you into legal arguments about what's valid/enforceable) is that the tenant has to give one months notice. The two months is for the landlord - and horribly inadequate for finding a new place if there are any complexities in play!

But that one month would be a complete rental month. So if your rent were payable on the 22nd, you've missed it and your month couldn't start before June 22nd (your notice could, but that just makes it more than a month).

Best all round is if you can reach cooperative agreement with your landlord. Make it easy for him/her to get a new tenant in exchange for flexibility over your notice. A decent landlord will respect your right to privacy, but many will want to show new prospects around before you've gone, and if you allow that you should trade it for something!

Oh, and watch sharp practice over showing tenants around. Some time back - maybe 15 years - I learned an object lesson when I went to view a place, and the Agent was showing several people around at once. The home was still lived in, and I or any other prospect could very easily have helped ourselves to the outgoing tenant's belongings while the Agent was dealing with someone else!

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Re: Giving notice on AST

#414537

Postby GoSeigen » May 24th, 2021, 10:16 am

I've checked what Uncle said and he is correct, the common law requirement is to give notice ending on the last day of the (monthly) tenancy period. So if your tenancy runs from 10 Sep 2020 to 9 Sep 2021 your notice given today will be to leave on (and pay rent until) 9 Aug 2021.

It the lease stipulates something different then the lease takes precedence.

I think if you wished to leave earlier than the last day of your tenancy period you should let the landlord know and make him aware that you will terminate your agreements with utilities etc on that date. Again, you need to comply with any specific conditions in the lease.

Sorry for any confusion arising from my earlier post.

GS

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Re: Giving notice on AST

#414784

Postby modellingman » May 24th, 2021, 9:18 pm

Technically, the tenancy has not reached the end of its fixed term. The rules about 1 month's notice by the tenant and 2 months by the landlord apply once the fixed term has ended and the tenancy becomes a statutory periodic tenancy. The requirements on the OP for invoking the break clause should be set out in the tenancy agreement.

If the break clause has been written in a way that means the opportunity to invoke has now passed, then it is still worth approaching the landlord. It may be possible to reach a mutual agreement to terminate the tenancy early.


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