2

The context associated with my question associated with interpreting the phrase “within 3 months of the said expiry” is as follows: The Lease reads "The Landlord hereby grants to the Tenant the option to purchase the rented premises upon expiry of the term, notice of exercising the said option to be given to the Landlord in writing within 3 months of the said expiry".

It was assumed by the Landlord that it would mean that notice be given by the Tenant 3 months prior to expiry of the lease rather than 3 months after expiry. What are you thoughts?

ps. This is relating to a commercial lease in the UK (region is NI)

  • Thanks for your useful replies. To give more clarity, notice wasn't given until 70 days after the expiry. There had been rent arrears but an option to continue with a release subject to arrears being paid would be considered. The buyout option on hindsight on this long term lease wasn't a wise choice. The question “within 3 months of the said expiry” according to legal advisors could be argued after the expiry but logic suggests that notice would have to be given before the lease expiry date as the terms therein would relate only to the 'live' lease - not after the end of it. – B. Hitchcock Aug 11 at 15:32
1

If the purchase is to occur " upon expiry of the term" it would seem that any meaningful notice would need to be before that date, and so the three-month notice period would be ending at the expiry of the lease. The position taken by the Landlord seems to be reasonable, although other provisions in the lease text might clarify or modify this. Without the full text, that is the best one can do, I think.

0

I think the reading - that "upon expiry of term" means generally around the expiration and "within 3 months" pins down that your option to buy at the expiration only lasts until three months after the expiration

If, instead, it meant that the purchase happens exactly at the expiration of the term the landlord would need reasonable notice before that date and instead of "within 3 months", "prior to 3 months" would make more sense. Under the opposite reading, you could give notice the day before the expiration and expect the purchase one day later.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.