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Question

Tenancy Agreements (England)

clause in contract unclear

16 Jan 2017 | 1 comment

on the ‘term’ it states 12 months,

further down under Tenant agrees with landlord – ‘Rent and Charges’ 3.3 its states ‘this is a 6 month rolling contract. After 6 months if either party wishes to terminate the contract then one months notice must be given’

Can you untangle what this might mean? its 5 months into the contract and wish to serve s21

Answer

1 Comment

  1. guildy

    In all honesty I don’t know!

    I can only guess it was intended that 6 months be put in the term part.

    It is possible to have a break clause but normally that’s a separate clause titled as such.

    The worst part for us is that it sounds like it’s creating a 6 monthly periodic tenancy which if true, would require 6 months notice via section 21, not the usual two!

    The one certain thing is that it says after 6 months. Therefore, all you can do is serve a normal section 21 from 6 months plus one day into the tenancy and see if it gets noticed by the court or tenant. Of course, the alternative is to wait and serve notice a couple of months before expiry of the term.

    Where there is a conflict such as this, the court will start by trying to determine what the parties believed the intention of the clause was.

    Please see here for our possession notice wizard.

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