no detail on 6 month break clause

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    #16
    Originally posted by westminster View Post

    It was your responsibility to check the contract before signing it. If there was something you didn't understand, you should have got a solicitor to check it for you. Also, it works two ways - it could well have been the LL who wanted to exercise the break clause, in which case it'd be him having to put up with the consequences.
    i would have been fine to put up with the break clause because it is there. but what i mean is that the very fact that the break clause is there doesnt mean that the agent or LL can interpret it any way they want to surely?

    or are you saying that we should be working on the assumption of just ignoring that its even there?

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      #17
      Originally posted by chania View Post
      what i mean is that the very fact that the break clause is there doesnt mean that the agent or LL can interpret it any way they want to surely?
      No, they can't.

      Although LL is apparently 'interpreting' it, in actuality, even though he may not realize it, what LL is doing is offering to allow you to surrender the tenancy early in two months' time.

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        #18
        Originally posted by chania View Post
        so because they didnt stipulate in the contract how to exercise the break clause i have to abide by whatever the agent says, even though its not in the agreement?

        I feel it unfair that because the estate agency did not draw up the contract properly I have to pay for it.

        how can i be grateful that the LL is willing to be let me out of the fixed term agreement when i should have been given that option in the first place? (the break clause)
        Are you the poster formerly known as taniabee? If so (and in fact in any event) I have made a further post here: http://www.consumeractiongroup.co.uk...break-out.html

        Apart from that I can only reformulate what I said on CAG.

        Either you have a right to break or you do not. There are two possibilities:

        1. A right to break was agreed during the negotiations and you are entitled to have the agreement rectified to reflect what was agreed. If what was agreed was as vague as what the agreement says, you have the same difficulty as set out in the next paragraph.

        2. A right to break is granted by the agreement. Can anything be made of it on the basis that if it was included it must have been intended to mean something? Probably not since it tells us nothing about who can exercise the right, when or how. There is no default you can fall back on.

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          #19
          Originally posted by chania View Post
          i am not sure about whether the agent lodged it...the clause states:

          1.12 The Landlord will hold the deposit , who will register the deposit within fourteen days of the commencement of
          the Tenancy in accordance with the Housing Act 2004 and the Housing (Tenancy Deposits) (Prescribed
          Information) Order 2007.
          Any interest earned WILL NOT belong to the tenant.
          You can use this form to check with the 3 schemes if your deposit is protected with them. http://www.snorkerz.com/deposit.html

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            #20
            thanks Snokerz for the link

            i guess i will either have to forfeit my deposit in lieu of the last months rent or pay the rent and then go to county court to claim 3 x deposit back.

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