Is this a break clause?

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    Is this a break clause?

    I've recently moved into a flat share, and am having serious doubts!

    I'm not sure if I just need to get used to living with other people, or if I need to find somewhere else.

    My contract says that it is for 6 months, however there is a clause which states "the lodger must give 1 months notice from payment date".

    Does this sound like a break clause?

    #2
    Who is the agreement with?

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      #3
      The landlord

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        #4
        Is the landlord the other person in the flat? If not, you are probably not a lodger, but an AST tenant.

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          #5
          Ii is rare for a break clause (AST) to be effective during fixed term.
          Insuff info.
          Stop looking for an easy out.

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            #6
            The landlord lives in the flat, plus one other lodger.

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              #7
              Originally posted by mariner View Post
              Ii is rare for a break clause (AST) to be effective during fixed term.
              Insuff info.
              Stop looking for an easy out.
              Why? The landlord hasn't been completely honest about certain things that are important to me (i.e. cleanliness, that my room is quiet, that it's a social household) and know I would be unhappy if I stayed.

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                #8
                Originally posted by mariner View Post
                Ii is rare for a break clause (AST) to be effective during fixed term.
                ...................
                It's only during fixed term that break clauses usually operate. See e.g.
                http://england.shelter.org.uk/legal/.../break_clauses
                A break clause is a term in the tenancy agreement that gives the landlord and/or tenant the right to end a fixed term tenancy before the expiry of the fixed term period.
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                  #9
                  Originally posted by Marsh17 View Post
                  The landlord
                  "The landlord": Do you mean the owner of the property or your landlord, who might be one of the flat-sharers?

                  Is your agreement an AST (Assured Shorthold tenancy)?
                  I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                    #10
                    Originally posted by Marsh17 View Post
                    My contract says that it is for 6 months, however there is a clause which states "the lodger must give 1 months notice from payment date".

                    Does this sound like a break clause?
                    Insufficient information to say; could just be a standard "end the agreement" clause..

                    Would need to see more of the agreement.

                    What does it say about how long you can be a lodger and when did you move in?

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                      #11
                      OP has app confirmed this is a Lodger Agreement, not an AST, and as such he can only expect one T period for Tenure..

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                        #12
                        It's gotten a bit more complicated now.

                        So it turns out the person I'm renting from isn't actually the property owner, their parents are. We have a lodger's agreement and in it they are called the landlord - is that valid since they don't actually own the property? Do I actually have an AST?

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                          #13
                          The question is not whether they own it but whether they or their relatives live there.

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                            #14
                            Youre a lodger. Negotiate

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                              #15
                              The landlord lives in the flat,
                              You're a lodger.
                              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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