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Timing of termination notice for tenancy agreement

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  1. #1

    Cool Timing of termination notice for tenancy agreement

    I have made a tenancy agreement with 1+1 with 1 month notice condition on 24 Aug 2017.
    And few weeks ago, I notify my intention of termination by 24 Aug 2018 which is 12 months after the commencement.
    But the landlord argued that I should stay at least 13 months which is 12months mandatory plus 1 month notice.
    My interpretation is that I can terminate the contract on 24 Aug 2018 if I notify before 24 Jul 2018 which satisfy both 12 month mandatory period and 1 month notice.
    For the avoidance of doubt, here goes the contract condition.

    "Both the landlord and the Tenant of this agreement shall have the right to terminate this Agreement on or after the first twelve months of the Term by giving to either parties of this Agreement one month's written notice of its intention to do so. (The tenant must complete above tenancy of first twelve months. Any advance termination before the fixed twelve months should be compensated by the tenant to the total remaining sum of the rented to the Landlord.)"

    Who is correct?
    Thank you for your answers in advance.

    Cornmeal likes this.

  2. #2

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    Hmm, I'd like to know this as well. I thought it was 1 year + 1 months notice at the end of the year to notify of renewal or termination. Essentially a 13 month period, I think the wording is of the ability to terminate at 12 months, not move out at 12 months.

    Also I have the exact same lease date as you do!

    panician likes this.

  3. #3
    Quote Originally Posted by Cornmeal:
    Hmm, I'd like to know this as well. I thought it was 1 year + 1 months notice at the end of the year to notify of renewal or termination. Essentially a 13 month period, I think the wording is of the ability to terminate at 12 months, not move out at 12 months.

    Also I have the exact same lease date as you do!
    Yes, the landlord insist that I can 'notify' my intention after 12 month but I cannot find any rationale from the clause. Does "termination" necessarily means "the time I give the notice" ?

  4. #4

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    Yes, in this case I think it is the ability to terminate the contract, not the tenancy, with a months notice anytime after the 1st year of tenancy has been fulfilled. This is also my first HK lease so I'm not 100%...

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  5. #5

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    At the end of the fixed period (12 months) you can give your notice, which is a 1 months notice.

    So technically, yes, the lease is for a minimum of 13 months.

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  6. #6

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    Seems to be quite common to look at it as minimum 13 months stay. My current contract even spells it out explicitly.


  7. #7

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    Original Post Deleted
    Notice of termination can be given after 12 months. Notice is 1 month, so the earliest the tenant can vacate the apartment is 13 months.

    If the earliest day for giving notice was the first day of the 13th month, then the tenant would have to stay for 14 months.
    Last edited by jgl; 01-08-2018 at 08:35 AM.
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  8. #8

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    Isn't the first day of the 13th month after 12 months?

    gigglinggal likes this.

  9. #9

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    Yep. Looks like it's too early in the morning for me to reading on the Internet. Gigglingal's statement is correct.

    gigglinggal likes this.