What is the exact termination date?

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hanswurscht
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What is the exact termination date?

Post by hanswurscht » Sun, 12 Jun 2011 9:19 am

Hi,

In my tenancy agreement I have this clause to terminate my agreement earlier with the following clause:

[...] has the option to terminate the tenancy by giving to the other party one months' notice in writing and on the expiry of one month from the date of receipt of notice [...]

Does that mean that I terminate for the date in one month (today is 12/6 - so i terminate to 12/7) and actual termination date is when the landlord received the notice (if I sent it through registered mail, it is in one or two days - so the effective date is 13/7?)

also it reads

[...] the tenancy shall absolutely determine but without prejudice to the right of action of either party for any antecedent breach by the other of any of the provisions herein.

What does that mean?

If I have a compensation running, I gets ineffective?

Thanks a lot,
Hans

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Mad Scientist
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Re: What is the exact termination date?

Post by Mad Scientist » Mon, 13 Jun 2011 8:35 am

hanswurscht wrote:Hi,

In my tenancy agreement I have this clause to terminate my agreement earlier with the following clause:

[...] has the option to terminate the tenancy by giving to the other party one months' notice in writing and on the expiry of one month from the date of receipt of notice [...]

This my own POV based on the legal terms of contract, tort implied or otherwise. The legality of the above statement is very contentious. It should be "with effective date or date the letter send out". Hence to cover this loophole, I would be incline either to send by hand , signed and sealed or using a registered mail system to ensure that it is received by the LL. Then on it will be 30 days from the date recieved by LL. This is my humble view.

Does that mean that I terminate for the date in one month (today is 12/6 - so i terminate to 12/7) and actual termination date is when the landlord received the notice (if I sent it through registered mail, it is in one or two days - so the effective date is 13/7?)

as above reply 30 days upon receipt by LL

also it reads

[...] the tenancy shall absolutely determine but without prejudice to the right of action of either party for any antecedent breach by the other of any of the provisions herein.

What does that mean?

Antecedent means earlier, pre-existing or previous. Any preceding thing or the quality or fact of being before.
IMHO, if you agree for a stipulated tenancy then you decide to breach it then your deposit may be forfeited. Or you sub let the apartment which is against the TA are some examples. Honestly the devil is in the contract. It is very hard to give advise based on bits and pieces here


If I have a compensation running, I gets ineffective?

I do not understand this

Thanks a lot,
Hans
The positive thinker sees the invisible, feels the intangible, and achieves the impossible.Yahoo !!!

sgbenben
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Post by sgbenben » Mon, 20 Jun 2011 4:33 pm

i am afraid you can terminate the contract, but you may face another party claims on you for any loss. so if do not make agreement with another party in advance, you may fall into some troubles. for example remained month rental etc. be careful for this clause. maybe it is a trap for you.

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