Notice for break clause by email, from agent

[Lawcruncher]

I wonder whether there can be conditions attached to the break clause e.g. that T (or L) must not be in breach of any of the obligations of the tenancy at the point at which he invokes the break clause?

Yes there can.

[mind the gap]

Usually a landlord uses breaches of the tenancy agreement to serve notice on the tenant, not to make them stay in the property for another 6 months.

I agree, but if it were a choice of letting them disappear into the blue beyond owing me rent, or only letting them leave once they have settled all outstanding rent/debts, I know which I would opt for!

[Mrs Mug]

I wonder whether there can be conditions attached to the break clause e.g. that T (or L) must not be in breach of any of the obligations of the tenancy at the point at which he invokes the break clause?

Usually a landlord uses breaches of the tenancy agreement to serve notice on the tenant, not to make them stay in the property for another 6 months.

[mind the gap]

There is nothing you can do to stop your tenant using the break clause. If they do not pay their rent, you would have to take the arrears out of their deposit, if your tenancy agreement allows you to do this. Or you would have to take them to the small claims court to get any money that you are owed.

I wonder whether there can be conditions attached to the break clause e.g. that T (or L) must not be in breach of any of the obligations of the tenancy at the point at which he invokes the break clause?

[Mrs Mug]

If they - for example, and unlikely - do not pay the last month's rent, does this affect their rights to exercise the break clause?

There is nothing you can do to stop your tenant using the break clause. If they do not pay their rent, you would have to take the arrears out of their deposit, if your tenancy agreement allows you to do this. Or you would have to take them to the small claims court to get any money that you are owed.

[Zepha]

Thank you for the advice - I was happy with the inclusion of a break clause, and they have been very good tenants (so far...). It's all a bit sudden though, and having spent so much money making the property really nice I was looking for a return.
Can I ask quickly; is there an obligation for all covenants to be fulfilled for the break clause to remain in effect? If they - for example, and unlikely - do not pay the last month's rent, does this affect their rights to exercise the break clause?

[Mrs Mug]

they have always dealt with the agency.

Most tenants think of the agent as their landlord, because that is who they always deal with.
Most landlords, who use an agent to fully manage their property, want no contact with their tenant.
Therefore, it is the usual practice for the tenant to give their notice to the agent. Your tenant probably gave written notice to your agent. It was unfortunate that you were way from home when your agent informed you of the notice given on 27th August.

If you are not happy about the tenant exercising their legal right to use the break clause in their contract, you shouldn't have included one.

[Zepha]

Hello MM,
I think I get your drift - they have always dealt with the agency. However I am trying to understand whether the notice must be given as prescribed in the TA, to me directly, and therefore whether as it stands it is defective.

[Mrs Mug]

Have you had any previous dealings with the tenant, or have they always dealt with the agent?

[Zepha]

mine, the Landlord.

[Mrs Mug]

Hello MM, The agent manages the property. The TA states that notice must be given to the Landlord.

Who's name and address appears on the tenancy agreement to be used for the purpose of serving notices?

[Zepha]

Hello MM, The agent manages the property. The TA states that notice must be given to the Landlord. I'm not sure where I stand here.

[Mrs Mug]

Thank you, but strictly speaking isn't the Notice defective?
It needs to be sent to me as the Landlord?

Does your agent manage the property, or is the agent only used to find the tenant?

[Zepha]

Thank you, but strictly speaking isn't the Notice defective?
It needs to be sent to me as the Landlord?

[Wickerman]

The only thing email does not give us is non-repudiation. This is guaranteed proof that the person who sent it did actually send it.

Not likely to be an issue unless you sign up new tenants and on the day they move in you find out the tenant is still in situ - possibly not a very likely case.

If there is any doubt (eg do you think the agency has screwed up in some way?) ask for the original email from the tenant, including headers. This will give you a starting point to check if it looks genuine (if you know what to look for).



For reference, a common way to guarantee an email is genuine is if it signed with a digital signature (eg the person sending it has a security package on their PC such as PGP, and digitally signs it with their private key (allowing you to check it against their public key). This however requires a certain level of technical sophistication missing from most Internet users.