Break Clause - 6 or 8 months

[House]

no problem i shall expect my million pound cheque shortly

[riddler1975]

Break Clause - 6 or 8 months

Thanks House, Pelican & Lawbreaker.

Your advice has been extremely valuable. I desperately want to get back to my g/f.

House - enjoy the tv

[House]

As my disclaimer says if you are unsure seek professional legal advice

I believe you are fine in giving notice as you have done but then I haven't seen you, or your tenancy agreement, I'm not being paid to provide this advice and I'm watching tv.

[riddler1975]

Break Clause - 6 or 8 months

Thanks House

It seems like they have let the landlord down. If they were 100% confident that they were correct why would they re advertise the flat.

So in your opinion I have nothing to worry about if the landlord goes to seek legal advice.

And that the offer / cover letter means nothing as it was subject to contract.

I dont want to wind the letting agency up any more but I am not going to be taken for a ride.

[House]

Handing the keys back can often be part of a surrender (or not if the landlord hasn't accepted the offer of surrender) but this is entirely different to giving a notice to quit.

Now I generally hate break clauses but it appears that your tenancy agreement allows you to give a 2 month notice to quit should you wish to end your fixed term early. This means that if you give your notice in month 4 then your tenancy will come to an end when your notice expires which for you would be the last day of month 6.

Therefore in my opinion your tenancy would not end within 6 months of the fixed term and your letting agent can go swivel on their misinformed bottoms.

[Pelican eats pigeon]

They are either calling your bluff or they have simply not understood the wording of the contract they have prepared.

[riddler1975]

Break Clause - 6 or 8 months

House- Sorry I am confused about your last sentence. For what it's worth (in my opinion) bringing the tenancy to an end means handing the keys back and not serving the notice. Do you think I have anything to worry about if the landlord goes to a solicitor or do you think he is calling my bluff and the letting agency has made a mistake with the wording

The letting agency says handing the keys back is called "securement' or something like that and not bringing the tenancy to an end.

The letting agency are also saying that I should have gone to the Citezens advice before signing the agreement and not during the tenancy as it seems I am trying to find a loop hole.

[Pelican eats pigeon]

They are simply wrong and clearly do not understand the contract that they are using. From my interpretation of the wording, you could give notice on the second day of the tenancy as long as the notice did not state you would leave before the six months were up.

Stand firm.

[House]

In my opinion as a mere mortal amoung the gods of housing law on here you can give notice in month 4 to expire at the end of month 6. A tenancy doesn't end at the start of a notice to quit.

[riddler1975]

Break Clause - 6 or 8 months

Lawbreaker - Also on a previous reply you stated that I can give notice at anytime as long it does not expire before the 6mths. Does your recent reply mean that I can give notice now (on the 4th month) to move out at the end of the 6th month. Or does it mean that I can only give notice at the end of the 6th month.

If anyone else knows the answer, more than happy for a response.

[riddler1975]

Break Clause 6 - 8 months

Thx Lawbreaker.

Thats the problem - when can i give the notice?

Is it on the 4th month to move out on the 6th or is it, give notice on the 6th to move out on the 8th.

I have already given the 2 months but they are saying that it is too early.

My unerstanding is that bringing the tenancy to an end is the day I move out not the day I give notice - is this correct?

The landlord is going to his solicitor for confirmation - I want to prevent any unnecessary costs if I can help it. I will stand firm if I have a case but doubts are creeping in.

I just want to move back in with my girlfriend

[Lawcruncher]

The fact that the letter is headed "subject to contract" is a pretty strong indication that the agent has a weak grasp of the law.

I do not think there is any doubt on this one. You can give notice ending the tenancy at the end of the sixth month. Stand firm.

[riddler1975]

Break Clause - 6 or 8 months

Please can some provide me with some reassurance

I recently handed in my notice to my letting agency on the assumtion that the break clause was a 6mth clause and I could give notice on the 4th month - as per previous thread.

The clause is below:

"The tenant may bring to an end at any time before the expiry of the fixed term (but not within six months of the commencement date) by giving the landlord at least two months written notice."

The letting agency and landlord have challenged back to say that the clause is an 8 month clause and I cannot give notice until the 6mth and that they will not let me move out till December however they have accepted that they will put the flat back on the market.

On the advice I have received from Citezen Advice I have pushed back to them to say that until such time I receive formal / legal confirmation that I cannot move out then I will move out on the 6mth month.

Do I have any chance of succedding in moving out on the 6mth. The covering letter "Subject to contract" states that the clause is 8mths.

[PaulF]

Just a note: if any clause is ambiguous then it should always favour the tenant as they are the consumer and the agent (on the landlord's behalf) is supposed to be the expert!

[riddler1975]

Break Clause 6 or 8 months

Thx Lawbreaker.

The letting agency seems to be playing games I said vertually what you said but they pushed back and said that bringng the tenancy to an end starts when you give the notice which cannot be given until the 6 months are up.