I have signed a 2-years tenancy agreement with the landlord and it was copied from the sample provided by the property agent. In the agreement, it has this term:
"Break Clause
Notwithstanding anything to the contrary hereinbefore contained, the Landlord/Tenant/either party shall be entitled to terminate this agreement earlier than as herein provided by serving not less than one month's notice or by paying one month's rent in lieu to the Landlord/Tenant/other party provided that the said written notice shall not be served before the expiration of the 12th month of the Term of Tenancy."
The landlord suddenly sent me a written notice during the 10th month to terminate the agreement and she requested me to leave on or before the 1st day of the 13th month.
My questions are:
1. Do I have any choice if I don't want to leave before the end of this 2-year agreement?
2. Does the written notice effective because it was sent to me before the expiration of the 12th month? Should the Landlord send me another written notice that is dated after the 12th month?
3. What will happen if I don't leave on or before the 1st day of the 13th month?
Thanks a lot.
請問生約中業主可否收樓?
2008-05-27 8:54 pm
回答 (2)
2008-05-28 10:05 pm
✔ 最佳答案
1. According to the Break Clause, it has been agreed between you and the landlord that either party can give not less than 1 month’s notice or 1 month’s rental in lieu to terminate the tenancy. Hence, if the landlord exercises her right and gives you notice in accordance with the provision of the Break Clause, the tenancy will be terminated and you have to leave after the expiry of the tenancy.2. There are 2 requirements for the notice to be effective: (a) not less than one month’s notice; and (b) the notice shall NOT be served BEFORE the expiration of the 12th month of the term. In this way, the term of the tenancy shall last, in fact, at least 13 months.
The earliest date the landlord can serve a valid notice is on the 1st day of the 13th month. In your case, the notice was served during the 10th month (i.e.before the expiration of the 12th month) and therefore, such a notice was not given according to the Break Clause and is not effective.
3. Now, the landlord has not served a valid notice. You are entitled to stay till the end of the tenancy (i.e. for 24 months) unless the landlord serves another valid notice on you. As explained above, the earliest date for her to serve notice on you is on the 1st day of the 13th month but then you are only required to leave by the end of the 13th month. Therefore, she has no right to kick you off the flat on the 1st day of the 13th month.
2008-05-27 10:04 pm
1. If you don't wanna leave after the agreement expire, you have to notice to landlord and discuess with the landlord wetherto make a new agreement or not.
2. The notice is effective because it said at less 1 month notice. The landlord is give you more than that.
3. If the landlord have lent out the flat to other party and you have not move out than he suft a loss, he can take a legal action to claim loss on you.
The main point on the above is that the agreement was stamped. Otherwise it will be a lot complex.
2. The notice is effective because it said at less 1 month notice. The landlord is give you more than that.
3. If the landlord have lent out the flat to other party and you have not move out than he suft a loss, he can take a legal action to claim loss on you.
The main point on the above is that the agreement was stamped. Otherwise it will be a lot complex.
參考: my knowledge
收錄日期: 2021-04-15 16:21:17
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