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confused72

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  1. As an update, we told the letting agency that we were going to use the break clause if we couldn't agree an early end date with the landlord. His reply was that we couldn't use the clause because it says "ie six months" not "six months". We have replied with the definition of ie... Will wait and see their reply...
  2. Thanks for this - your opinions are being helpful and useful. I don't know if it changes anything but there is a definition for "Term" in the part of the agreement headed Part 1: Definitions and Interpretation. It says that: "Term" or "Tenancy" (set out in clause 1 of this Agreement) includes any extension or continuation of the contractual Tenancy or any statutory periodic Tenancy arising after the expiry of the original Term. The "Term of the Tenancy" says "The Landlord lets to the Tenant the Premises for a period of 12 months. The Tenancy shall start on and include the XX/XX/11 and shall end on and include the XX/XX/12." Therefore I understand your argument, but does it alter given that there is a definition provided for "Term". I suspect that we will be going down the path of issuing the notice as per the agreement and then letting the rental agency/landlord argue as to why they think it doesn't apply. The worst case scenario is that we have to pay for the remaining months up to the twelve months if the court ruled against us, but I believe/hope that we would have a fair case based on the badly written clause.
  3. I've looked again at the contract and the comments made above.... The "grey" area IMO are: The use of the term "fixed term" which is in lower case. Nowhere else is this term used in the contract and where "Term" is used it's always upper case. Therefore it is arguably open to interpretation as to whether "fixed term" is the same as "Term". In support of this, and using the grammatical example above by Steve_M, the "ie. six months" is defining the term "fixed term" to clarify that it doesn't refer to the "Term". From my perspective the process followed is: 1. The "Term" of the contract - I acknowledge is 12 months 2. At the start of the agreement are explanatory notes, one of which says "Part VII: Sets out the rules that will govern when the tenancy may be brought to an end" 3. Refering then to Part VII, then this is the section that gives the clause we are discussing. 4. The rules are therefore referencing the "fixed term, ie six months". (Hope this makes sense) - I welcome comments because it will help me pre-empt any responses from the letting agent/landlord when we issue notice! So, whilst I acknowledge that the "Term" of the agreement is 12 months, my understanding is that within the 12 month "Term" there is a "fixed term" that is 6 months after which I may exercise the clause that enables me to provide one month's written notice to terminate the agreement.
  4. I appreciate everyone's opinions on this. Is it definitely an error and should read twelve months, or just a badly worded break clause where the intention is six months? The landlord is bound to say the former because it suits him!
  5. When we signed the contract we took this to be a break clause after six months, but on reading it (as we want to exercise the right) we have realised that the wording isn't clear. We signed the agreement originally on the basis that it had a break clause at six months and would have requested a break clause if this one had not been in place. Does anyone know what a legal interpretation would be as we have signed in good faith that it was a break clause after six months, but realise now that it's bad drafting?
  6. Yes we are looking to leave early, but want to avoid any liability for rent for the remaining period up to the 12 months and so want to use this clause. I can't find the term "Term Certain" anywhere in the contract. It was also the same six month wording on our previous twelve month tenancy, at the same address, so the letting agency who drafted the contract have had two chances to correct it if it's wrong. If it is a mistake then isn't it for the landlord to take up with the letting agency who drafted it? We have signed it based on this clause with this wording. I guess my question is, as long as we give the notice as per the contract, and pay our liability to when we are proposing ending the agreement, can the landlord refuse to accept the tenancy ending and can he chase us for the rent on the remaining months up to twelve months?
  7. Thanks for replying - I can give some more detail. "Term of the Tenancy. The Landlord lets to the Tenant the premises for a period of 12 months." Then later in the contract: "Interrupting or Ending this Agreement The following clauses set out the ways in which this Agreement may be brought to an end by either party. In addition, these clauses set out the procedures which the Tenant or Landlord shall use when the Tenancy is brought to an end. It is agreed between the Landlord and Tenant as follows: Ending the Tenancy and Re-entry 27.1 The Tenant(s) (named on the Agreement) may give the Landlord at least one month's notice of his intention to leave the Premises by the end of the fixed term, ie. six months, in writing (see point 30.4 for service of notice). Thereafter at least one month's notice must be received in writing by the anniverary date on the Tenancy Agreement, for example, if the Agreement commences on 9th of a month the notice must be received by the 9th of any given month." My query is about the phrase "fixed term, ie six months". The fixed term is all in lower case whereas elsewhere in the agreement "Term" is upper case. There is no other definition of "fixed term" in the agreement. It also says "ie" not "eg" and "ie" has the legal definition of "that is" (or similar) and so I believe that this paragraph means that we can end the tenancy agreement (with notice) after six months. I would welcome opinions.....
  8. We are seven months into a 12 month AST in England. In our AST we have the following wording: The Tenant may give the Landlord at least one month's notice of his intention to leave the Premises by the end of the fixed term, ie. six months, in writing..... Does this mean that we can break our AST as long as we give a month's notice as we have passed the six month mark?
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