0

Edit: this is a 12 month tenancy agreement within a resident landlord property and is therefore outside of The Private Housing (Tenancies) (Scotland) Act 2016.

This is an early termination clause in a 12 month tenancy contract and I wanted to know whether it means that the minimum length of the contract is 8 months or 10 months. I won't prejudice your answers in any way but in essence do you get the sense from the way it is written that either:

1) tenant who wants to terminate at 8 months can give notice 2 months previously to then pay 8 months worth of rent

2) the tenant has to give notice for terminating the contract after the 8 months so that the minimum term is 10 months worth of rent

"In the event that the Tenant shall desire to terminate the tenancy hereby created at or at any time after the end of the first eight months thereof he shall give the Landlord not less than two months’ notice in writing of such desire and shall up to the time of such determination pay the rent and observe and perform the agreements and obligations on the tenants part."

  • Is this a lease, or month-to-month? I don't see this as creating a "10 month" contract, if you wanted to leave in the 9th month, you would give your notice prior to the 8th month. What are the other terms for terminating the contract prior to 8 months? – Ron Beyer Mar 19 at 18:03
  • @RonBeyer this is a resident landlord tenancy agreement in Scotland and so outside The Private Housing (Tenancies) (Scotland) Act 2016. This is the only clause mentioning early termination of the tenancy which would otherwise run for 12 months. – Ryan Travers Mar 19 at 18:15
1

I wanted to know whether it means that the minimum length of the contract is 8 months or 10 months.

The first interpretation is correct: 8 months is the minimum. The clause does not require that the notice be made upon 8 months of tenancy. It only requires that (1) the anticipation/notice be of no less than two months prior to the date the termination will be effective, and (2) that termination cannot be effective prior to the end of the 8th month.

The more obscure part is the requirement of paying the rent "up to the time of such determination", given that determination is commonly understood as decision rather than the point in time when that decision will be effective. Thus, unless it is just sloppy wording, the clause might be requiring the tenant to pay in advance the rent corresponding to the periods between the date of the notice and the date when early termination will be effective.

| improve this answer | |

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.