Owning your own home

Luffguss legal advisory team:

This clause:
17.4. The Tenant may bring the tenancy to an end at any time before the expiry of the Term ( but not earlier than six months from the Commencement Date or the Date of this Agreement whichever shall be the later) by giving to the Landlord not less than two month’s written notice stating that the Tenant wishes to vacate the premises. The notice must be served on a rent due date and/or in accordance with the Tenancy period.

Does this mean:
A) Tenant serves notice at 6 months at the earliest, with 2 months minimum stay after that, making his minimum stay in the property 8 months.
B) Tenant serves notice at 4 months at the earliest, with 2 months minimum stay after that, making his minimum stay in the property 6 months.
C) Fuck knows.

B) I would have thought. The earliest you can get out is 6 months. Separately you need at least two months' notice.

[ I have no legal qualifications... ]

Normally B

I'm also not a lawyer

B, certainly*

*Also not a lawyer. But it's B.

You could serve notice earlier than 4 months, but you'd just be giving more than 2 months notice in that case - i.e. you still only leave after 6 months.

Standard clause that, it's B

Note that if you serve notice on any day other than a rent payment date, the two months only starts ticking at the rent payment date.

Eg
Rent paid on 20th of each month
Notice served on 28th December
Notice only counted as seved from 20th of Jan so you terminate on 20th March

Council finally got back to our solicitor yesterday to say they are happy to reimburse us some cash (surprise, surprise not as much as they originally said they would but it's better than nothing). Was hoping they could sort the contract out today but turns out their solicitor is not in the office today so have to wait until tomorrow now for them to send it. Unfortunately day delays like this are getting material now we are getting closer to Christmas.

That's a really badly drafted break clause. Anything which uses 'and/or' is drafted by a cretin. And the phrase 'in accordance with the Tenancy period' is basically meaningless. However, despite the terrible drafting, I'd say that it's B. The notice can be served to terminate the tenancy on two months' notice, but it must be served on a date when the rent is due to take effect two months later on a rent due date. So the minimum term of the tenancy is six months, but it can be terminated on any rent due date on or after the six months anniversary of the start of the term by service of a notice at least two months before. If you're thinking of exercising the break clause, I'd suggest serving the notice before the rent due date two months ahead of the date you propose to terminate the lease, but making it clear either in the notice or in a covering letter that the notice is intended to be served as from the next rent due date.

I'm assuming that the date of the agreement is on or before the Commencement Date, and that the rent is due on the same day of the month as the Commencement Date.

I would say IANAL, but that wouldn't be true.

there are some cracking properties coming up for sale around cann hall at the moment for sub 500k. really nice houses. antic are opening a pub on cann hall road next year too which will only improve things imo....

antic shmantic. wake me up when there's a farrow and ball concession in the local hardware store.

Farrow & Ball - pffft. Mylands or GTFO.

Catchy user name.

Foxtons or KFH?

pfft.
Essex.

Right, extension plans pretty much sorted, now to find a builder. Does anyone have any recommendations for people who work South West? or anyone to avoid? We're in CR4.

Cheers chaps!

I've no idea if this bloke's any cop as a builder, but he keeps passing me within fucking inches on a daily basis on yer Railton Road. he has a sweet euro-mullet and his name is very gratifying to say out loud in a sopranos-y fashion.

"eeeey! dtownee pistaaahna!"

http://www.tonypestana.co.uk/

#nohelpatall

Everyone in yer fancy Dulwich uses that guy.

all i know is he drives like a tit.

Solicitor finally got hold of someone at the council to ask for the contract. They said they need to update it to include the figures they have agreed to reimburse us and this could take 3 weeks! Solicitor said this is unacceptable and please could they co-operate and get it to us tomorrow so we can exchange before the christmas. Their solicitor said they'll be in touch and hung up!

UTTER BELLENDS

:(

Sorry to hear that. Actually, ours were OK, the vendors' solicitors were fuckers (even after the vendor had instructed them for a split sale because it was dragging on and they knew we had to move they still refused!). The solicitors above them (the reason for the delay) were just inept and deceitful.

They made several glaring errors regarding the legal right to sale (there were charges at the court on the property) and said they had been resolved and tried to get everyone to exchange. They tried to do this once and our vendor's solicitor spotted it. They tried a second time claiming they had fixed the problem, they hadn't. Estate agents (BV in brighton) a pile of shit. 'Annie' was nothing but unhelpful and only keen to go on holiday and fob it off to some underling who had no idea what about the previous mess.

Probably cost us 2 months extra rent (all the while paying off the loan in addition as we got cash against assets in the hope of tempting vendor with a quick sale). Entire industry is a fucking joke and I wouldn't wish buying a house on anyone ever again.

What is with trades folks websites? Why are they so thoroughly hideous? Makes me distrust them, if they have eyes and have seen:

The World
Now
The Internet

They must know it's not ok.

And the Lakehouse Coffee Shop, opening soon.

WE SHALL ENDURE

http://www.standard.co.uk/comment/comment/amol-rajan-leytonstone-will-endure-long-after-last-week-s-attack-is-forgotten-a3134391.html

The soft virtues of glorious, beloved, liveable Leytonstone — a place I no longer call home but where a bit of me will never leave — shall be remembered long after the incident is forgotten.

Just got an email saying our bed delivery has been held up until 21st so mattress on the floor until then. Add that to internet installation on the 24th. It's all a bit anticlimactic being in such debt for the rest of our lives. But it's OUR debt!

Just accepted an offer on my flat. The missus and I are looking at moving from Crystal Palace to East Dorset way, just never quite realise just how obscene London property prices are until you look somewhere else. Have asked Martin Browne for quote on the conveyancing, so will be making a donation to the forum!

Finally completed on the flat this morning.

Camberwell 4 lyfe.

Congratulations sir!

Congratulations!