I have served my initial term of my tenancy agreement. As per clause 12.6 Mutual Break.Clause, I can end the tenancy by giving 30 days notice and my rent will be proportioned based on when the notice period date was.given. In my case, my rent date starts 4th every month. I gave my notice on 31st July and 30 days notice should end on 30th Aug. I paid my rent in full due to my direct debit, and request for a refund for 4 days based on clause 12.6, however my landlord disagree as she said I should.refer to clause 12.2. Can I get some quick insight on this? Thank you.
Your post is unclear. 10 days notice or 30?
your landlord has told you to refer to 12.2. What does 12.2 say?
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Hi @Karl11 ,
Thank you for your response. Apologies, it was a typo, 30 days notice.
I want to get clarity and better understanding of these two clauses, whether I am eligible to get a refund for the 4 days.
Notice to end the tenancy at or after the end of the Initial Term
12.2. If either party wishes to end the tenancy on or after the final day of the Initial Term, they may give noticein writing to the other as follows:The Landlord must give notice of no less than two months, such notice to expire any time on or after thefinal day of the Initial Term. A notice served by the Landlord under section 21 of the Housing Act 1988shall be suficient notice under this clause.The Tenant must give notice of no less than one month, such notice to expire the day before a RentPayment Day or on the final day of the Initial Term.
Mutual Break Clause
12.6. The Initial Term of this tenancy agreement may be terminated by either party giving the other at least twomonths’ notice in writing, such notice not to expire until at least 6 months after the start of the Term. A noticeserved by the Landlord under section 21 of the Housing Act 1988 shall be suficient notice under this clause.
The Tenant is obliged to pay rent up to and including the termination date, so if the tenancy is terminated on a date which is not the last day of a rental period, the rent due for any incomplete rental periods will be apportioned accordingly.
Thank you in advance.
I think you still haven’t read clause 12.2 as the landlord suggests. Firstly its not 30 days notice, its a month, (at least). Secondly, the notice has to expire on the last day of a tenancy period so a valid tenant notice would expire on 3rd September. It sounds like you haven’t given one.
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Hi @David122 ,
Thank you for your response.
So it means here the 30days notice is not a month notice? A month notice should be considered from 4th Aug to 3rd Sept, even the notice was given on 31st July?
Please help me to understand when the clause 12.6 is used?
Thank you.
Are you still within the initial fixed term of the tenancy. Only 12.2 or 12.6 will apply. Not both. it depends if you remain within the initial fixed term or not. Your initial post says you have served your minimum term, so if this is the case, 12.2 applies, and its quite straight forward, as follows
You have suggested you pay rent on the 4th, so your tenancy must end on the 3rd, being the day before a rent payment day.
My initial term ended on 3rd July and I sent my notice to end the tenancy on 31st July.
To my understanding, I have completed the initial term and the notice given on 31st July was not within the initial term. That’s when I thought it falls under clause 12.6.
It became a confusion to me when my landlord said that clause 12.2 is applicable.
I just want to seek clarity as I dont want to cause any issues with my landlord. She was very nice to me.
12.6 is during the minimum term according to your message above, so the Landlord is right, 12.2 applies, and notice served on 31st July, ends on 3rd September.
If you provided notice & named the end date at 30th August, then your notice is invalid, and you now need to liaise with the Landlord to check he is happy for you to leave on 3rd September, or you may need to service a correct valid notice for which notice serve today would end on 3rd October.
The notice you served on 31st July should have specified an expiry date of 3rd Sept to be valid. Your landlord could insist you serve a valid notice, which if you served it now would have to end 3rd October as you’ve missed the deadline to serve one for 3rd Sept, (at least one month). However it sounds like the landlord is willing to let it slide. On that basis, I’d not push any further.
Para 12.6 is irrelevant to you as its about serving a break notice during the fixed term.
@Karl11 @David122 … thank you so much for this clarity. It helps a lot for me to understand the situation better.
Of course, I won’t push it further after knowing and having this understanding.
Thank you again.
Happened to me with a tenant. It took a while for them to understand. It is so hard to cut through the legal jargon. I think the idea is to try and make the last rental payment a full one as it avoids the discussion of how to apportion any additional overrun days.
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