Do i have an exit?

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    Do i have an exit?

    Hi all
    Need some advice and clarification please.

    I signed up to 36 month tenancy last year.

    I got an email from the agent in January 2020 asking if i wish to resign for 6 months or 12 months.

    However, i wish to leave the premises due to myself and my partner suffering some financial issues.

    We informed the agent of this but they said the landlord says we have to honour the 36 months.

    I looked at the lease and found the following...


    Term: For the term of 36 MONTHS commencing on 02/02/2019

    Schedule 3
    Ending the Tenancy and Re-entry
    1. If at any time:
    a. The Rent, or any part of it remains unpaid for 14 days after falling due, whether formally demanded or not; or b. If any Agreement or obligation of the Tenant is not complied with; or
    c. If any of the grounds set out in Schedule 2 of the Housing Act 1988 (as amended) being grounds 2, 8, 10. 11, 12, 13, 14, 15 or 17 are made out (see Definitions); the Landlord may give written Notice to the Tenant that the Landlord seeks possession of the Property. If the Tenant does not comply with that Notice the Landlord will bring this Agreement to an end and re-gain possession of the Property by complying with his statutory obligations; obtaining a court order; and re-entering the Property with the County Court Bailiff. When the Bailiff enforces a possession order the right for the Tenant to remain in the Property will end. This clause does not prejudice any other rights that the Landlord may have in respect of the Tenant’s obligations under
    this Agreement.

    Early Termination
    2. If the Tenant vacates the Property during the Term apart from according to any agreed break clause which is included within the Agreement, the Tenant will remain liable to pay Rent, council tax, utilities and any other monies payable under this Agreement until the Term expires, as well as any costs incurred by the landlord in the re-letting of the property



    but the really interesting one was this....

    Schedule 5
    1. 6 Month Break Clause.
    Notwithstanding Schedule 3, this agreement may be ended by either party on or after the 1st of August 2019, providing sufficient written notice is served on the other party. This notice must be a minimum of two month’s written notice by the Tenant, and minimum two month’s written notice by the Landlord.


    Now this reads to me like i can give two month written notice without penalty..is that correct?

    thank you for any help.


    #2
    (Last message flagged as spam -- So here is a replicate with some added text sdfsdf sfsd af sdaf sdaf sdf sdf sd fsdafsdafsdafsadfsdafsadf)

    Sounds like a reasonably valid break clause to me. Assuming your partner is a named tenant you BOTH need to give the notice (unlike a periodic tenancy).

    Give the notice (full tenancy months not calendar months) and then make 100% sure you are out, keys returned, before midnight on the last day of the relevant tenancy month.

    Read the tenancy agreement to see if it says how to give notice. Make sure notice can be proved (deliver by hand to correct person and get a confirmation of receipt on a duplicate, and maybe deliver send the identical thing by post as well at least 3 days before the required date, with a certificate of postage). Maybe check the wording of your notice here -- it i possible to give invalid notice (for example by being vague about the date, giving the wrong date, giving your incorrect names, if there is un-clarity about which property you refer to, etc.)

    Comment


      #3
      My main concern was they said we had to stay the full 36 months. Then they emailed asking us to sign on again for 6 or 12 months.

      Then i saw the clause and i thought hang on that means we can give two month written notice.. i just wasn't sure if i was reading it correctly.

      Comment


        #4
        Looks to me as though you read it correctly and you have no further liability after leaving after you give 2 months notice

        Comment

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