Break Clause query

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    #16
    eorgia123, how did you activate break clause or offer early surrender, postal letter to 'AST address for serving Notices', email, sms, verbally, and on what date? What did it state
    A T cannot serve valid NTQ during fixed term, or until a SPT has been created on expiry of break clause Notice. It maybe your Notice did activate the break clause on expiry and you may be able to leave after serving valid 1 month NTQ. To me the clause is a hotch potch of break clause and LLs conditions for accepting offer of surrender,, (not a requirement of break clause activation IMO, since no replacement T should be required).
    Give us the wording & delivery method of your orig Notice please.

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      #17
      I gave notice by email - the LL is currently (and often) out of the country. My lease started on September 12th and so on March 7th I emailed this:


      This email is to give notice for my room (as a result of the 6 month break clause). Sorry this is a little early - I'll be away on the 12th so thought it best to email now.

      The flat itself has been great but unfortunately it's not worked out as a whole.

      Should I create an ad on spareroom and start arranging viewings?

      Kind regards,

      Georgia


      The LL then replied on the same day to say that he confirmed receipt of my notice and to create an ad on spareroom.

      As I didn't find anybody in that month, I emailed the LL again on the 11th April to say I was giving notice again for 12th May - I didn't know whether doing so was necessary after the initial notice but thought it best to be safe. The LL has not yet responded to that email.

      jpkeates,

      Thank you for your advice!

      jpkeates,

      Aaah, that's very helpful, thank you. So if the LL was able to find a new tenant, presumably he'd then be breaking the contract anyway as he would be giving somebody else access to my room, and if he didn't put enough effort into finding a new tenant, I could argue that? Thank you.

      Wannadonnadoodah,

      It's zone 2 but not a particularly nice area - it's in a council estate. So I'm not convinced it would attract many people!
      This sounds like a very clever idea, but I think I'd personally be wary of doing anything illegal myself!

      Lawcruncher,

      Thanks - I'll keep an eye on any responses!

      Comment

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