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Help Understanding Contract Notice Period for my Rented Flat?
I have lived at my rented flat for 8 months, and need to move out soon. However, my contract is very confusing and seems to contradict itself, could somebody please tell me what this means?
First it has a listed section with Property Name, Deposit, Admin Fee and Term.
It says, Term: A term certain of 12 Months from October 2017.
But THEN it says:
The number of months must not be less than six according to Housing Act 1988. The period mentioned here will form the basis of any periodic tenancy.
Finally, it says:
This agreement may be terminated by either party at the end of the initial fixed term. Notice given must be 2 months from Landlord to Tenant, and 2 months from Tenant to Landlord.
So is the lease 6 months, or 12?
Do I have to stay here for 12 months, or can I hand my notice in to leave in 2 months now, as I have already been here for more than 6?
6 Answers
- Beverly SLv 73 years ago
It's 12. It just states on there that no one can have a lease of less than 6 months. Your's is 12 and you have to give 60 days notice to leave when you do leave. So once you're there 10 months you give a written 60 day notice.
- R PLv 73 years ago
You have a 12 month lease and must give 60 days notice prior to the end of the lease that you are vacating.
Continue to read your lease to find out if it contains and early termination clause. If it does, pay the fees as outlined and you will be done with the lease. If it does not contain an early termination clause, ask your landlord how much it will cost you to terminate the lease. Keep in mind that, in the USA, the industry standard is a fee equivalent to two months rent. However, if the landlord refuses to terminate your lease early, ask him if you can sublease; if so, find a suitable person & move.
- babyboomer1001Lv 73 years ago
It states that the Housing Act requires that leases be at least 6 months long. Your lease is for 12 months, which IS in accordance with the Housing Act. October 2017 (presumably Oct. 1) is when your lease started so your lease ends at the end of September 2018. Your notice to leave at the end of your lease must be given no later than July 31, 2018. If you want to leave early without penalty, your lease would have to provide for that. If it does not, you can ask but, if your landlord agrees to it, it won't be without penalty.
Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience. - choko_canyonLv 73 years ago
The 'end of the original fixed term' seems to be 12 months, meaning that at any time after 12 months, either party can terminate the lease with 2 months notice. So you could theoretically live there for 10 months, give notice, and then you'd only have to stay for the final 2 months for a total of 12. The six-month period referred to is the minimum amount of time the property is allowed to lease the space to anyone, and doesn't refer to your case particularly.
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- GregLv 73 years ago
12 months certain. The Act says that the stated 12 month period could not have been less than 5 months.