Assured shorthold tenancy renewal and termination period

[sergio1]

Hi,

 

I've renewed my assured shorthold tenancy, running for 12 months, and the only clause in the agreement is the following

 

IT HAS BEEN AGREED between the Tenant and the Landlord that the agreement shall be

extended on the same terms and conditions as the said agreement for a further 14 Months from

30 January 2013 to 29 March 2014.

 

The previous agreement had a break clause after a six months initial fixed term, and now I'd like to give my two months notice to leave the apartment: am I still subject to the initial six months fixed term? Does it apply again from the renewal starting date?

 

Thanks.

[Steve__M]

Hi,

 

I've renewed my assured shorthold tenancy, running for 12 months, and the only clause in the agreement is the following

 

The previous agreement had a break clause after a six months initial fixed term, and now I'd like to give my two months notice to leave the apartment: am I still subject to the initial six months fixed term? Does it apply again from the renewal starting date?

 

Thanks.

 

What exactly did the break clause in the original agreement say?

[sergio1]

Thanks for your response.

 

The original agreement says, under "Term of tenancy":

 

The tenancy shall start and include 30 January 2012 and shall end on and include the 29 January 2013.

Either the landlord or the tenant shall have the right to end the tenancy by giving no less than 2 months notice, not to be served before the initial 6 months of the term have expired

 

Then, the renewal agreement says to be subject to same terms and conditions as the original one.

[raydetinu]

Interesting as the word extension has been used to imply that it is just period of the contract has been extended and not in fact a NEW contract!

legal eagles needed on this one.

However if that is you interprtation and the LL accepts that then there is no problem; it is just if the LL regards it as and extension and the first six months have gone in the first term.

[sergio1]

Obviously, the managing agency says I am under a new six months fixed term, started from the renewal date, but I don't quite trust them

[raydetinu]

There you go, give in your notice and see what happens.

does not seem any point of having a twelve month contract or extension as you can both get out after the first six months with that clause, same as a PST.

IMO should have been a NEW contract, if LL wanted security of tenure.

[sergio1]

True, but I'm pretty sure the managing agency will react by refusing the 2 months notice, unless I give them some clear evidence that they're wrong.

[raydetinu]

As said it comes down to interpretation!

This one may have to be decided by a judge. ( courts decide disputes, that's what they are for )

Why don't you just ask them and see what they say then you will know what to do next.