Activating break clause 1 month early

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  • Moderator1
    replied
    Three threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

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  • mind the gap
    replied
    You can ask; however, the LL has no obligation to allow you to end your tenancy earlier than allowed for in the break clause, despite the issues over repairs.

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  • storeyboy10
    replied
    Activating break clause 1 month early

    Hi,

    In Sept 2010, we signed an extension 12 month contract, with a 6 month break clause, for our flat rented through a local estate agents. This is now the 3rd year we have spent in the property. When we signed the new contract in September, we had an agreed list of maintenance which needed to be done, and our LL agreed to have this work done (evidence in emails from estate agents) This included work to fix a broken washing machine, a knackered mattress, and an equally worn out sofa.

    There is still no sign of most of this work being done, and given our landlords reluctance to do any maintenance on the property over the past few years, I doubt this will be done at any stage in the future.

    We are now looking to move out of the flat, and activate our 6 month break clause. This would mean giving notice early Feb, and moving out early March. However – we are moving to a new place in January, so for us, it would be better to vacate the property early Feb – thus giving notice early Jan, which is 1 month early.

    Now – we would like to approach our LL, and ask for us to break the contract 1 month early. I would like to go through the estate agent, and say something along the lines of we would like to leave 1 month early, we can give notice now (well ahead of when we need to legally give notice) - given the maintenance agreed has not been done, we hope the LL will meet us part way.

    Also – are we within our rights to make stop any viewings of the property before we move out? We do not want anyone in our flat without us being present – so I am thinking of suggesting to the estate agent that if we can move out 1 month early, then in Jan we can support any viewings – however if we are not able to break early, then we will not allow anyone to view the property until we have fully moved out (1/2 days before the actual end of the contract in March.)

    Any hints / tips / guidance welcomed – we feel quite strongly that we have been good tenants, but that our LL has been rubbish when it comes to maintenance, and the least she can do is try to meet us part way and let us leave the place early.

    Thanks.

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  • storeyboy10
    replied
    Thanks very much.

    We have asked the estate agent to discuss with the landlord, about moving to a monthly periodic contract, and we expect a response tomorrow. Thanks also for pointing out about the 2 months notice - our contract states 2 months notice, just in the letter the Estate agent sent us the other day they said that we should take the letter as 1 month notice (taking us up to the end of the 12 months) if we didnt want to continue in the property.

    It is good to know that we have at least 2 months buffer anyway, in case the LL for whatever reason wants us to leave.

    I will let you know how we get on.

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  • Snorkerz
    replied
    Originally posted by mind the gap View Post
    And if the worst comes to the worst and the LL isn't happy with a rolling contract, it is not the case that they can give you one month's notice. They must give you at least TWO months' notice to expire at the end of a rental period. You should give them one month's.
    And that is only the start of it - If you do not leave when the notice expires, your landlord will have to apply to the court for possession. It will be approximately 6 weeks before a decision is made (there is not normally a court hearing) and the judge will give you a minimum of 14 days to leave.

    If you ignore the court order, the landlord will have to employ court bailiffs to remove you. This is likely to take a minimum of 2 weeks to organise - the bailiffs will advise you in advance when they are coming.

    It is worth remembering that if you do not leave at the expiry of the initial 'section 21 notice' if it is valid, the tenancy agreement you signed may make you liable for the landlords court fees and bailiffs fees - together with considerable legal costs

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  • mind the gap
    replied
    I would approach the LL direct and explain the situation. Bypass the letting agent as they will be keen for you to sign a new contract or get out so they can make more money (out of the renewal/new contract). If you stay on a periodic, month by month basis (which I agree, sounds ideal for you), they make no/less money out of it.

    There is absolutely no reason at all why you should have to sign up to a new contract if that does not suit you, and if your LL has any sense, they will agree.

    And if the worst comes to the worst and the LL isn't happy with a rolling contract, it is not the case that they can give you one month's notice. They must give you at least TWO months' notice to expire at the end of a rental period. You should give them one month's.

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  • storeyboy10
    started a topic Activating break clause 1 month early

    Activating break clause 1 month early

    Hi

    We have been renting a property for nearly 2 years, we are now around 3 weeks from the end of our second 12 month contract (it runs Sept - Sept.)

    Our circumstances with work are likely to change in the next 6 months, which means we will need to relocate - but we are not sure when. We expect to be likely to move between March - July 2011.

    We have received a letter from our estate agent (not landlord) requesting us to sign up to another 12 month contract (with 6 month break clause), or to take the letter as 1 month notice.

    We would like to stay in the property on a month by month basis, until the time we can confirm our plans - we can give the LL 1 months notice (even though the letter was received 3 weeks before the end of contract...)

    We have not been served with an S21.

    Are we right to approach the estate agent and reject the 12 month extension, and instead request to move to a "rolling" month to month contract?

    We can tell the LL that we might be moving between March - July next year, but we cannot commit right now - and nor can we commit to a 12 month contract.

    Any advice very welcome please - we dont want to end up paying double the rent, in case we end up moving (paying on 2 places for several months by signing up for another 12 months) and likewise we dont want to move - as we have been good tenants for the past 2 years! Even the 6 month break clause is not a great option, because we might move in June / july next year, again meaning paying double the rent for several months.

    Thanks for any guidance.

    Chris.

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