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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Old 30th November 2007, 21:38   #1 (permalink)
cockneyaussie
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Default 6 month break clause

Hi, just wondering if anyone can help?

we are currently 9 months into a 12 month lease on our flat. the exact wording with regard to the term of rental is "one year but can break after 6 months (terminal)".

Our landlord is saying that we can only break lease early if we or the letting agent can find new tennants before the 12 months.

we thought we could break the lease at anytime after 6 months provided we gave sufficient notice.

who is right? us or the landlord? advise please
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Old 30th November 2007, 22:07   #2 (permalink)
MrShed
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Default Re: 6 month break clause

Is that the entire wording? Is there wording regarding giving notice during the fixed term? That bit of wording is too ambiguous to give a definitive answer either way. If just on that wording, I would have to agree with the landlord.
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Old 30th November 2007, 23:11   #3 (permalink)
cockneyaussie
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Default Re: 6 month break clause

with regard to notice the tenancy agreement says this

"To give one calender month notice in writing, and such notice not be given at anytime before the final month of the agreement period"

by the way, can you tell me why you are agreeing with the landlord?

this is the first ( and hopefully last) time i have had this problem
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Old 1st December 2007, 09:54   #4 (permalink)
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Default Re: 6 month break clause

Thats just the way the wording reads to me. Im sure it will read differently to other people.
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Old 7th December 2007, 06:51   #5 (permalink)
Ed999
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Default Re: 6 month break clause

You said:

Quote:
Originally Posted by cockneyaussie View Post
with regard to notice the tenancy agreement says this

"To give one calender month notice in writing, and such notice not be given at anytime before the final month of the agreement period"
If you meant to say "to give one calender month notice in writing, and such notice be given at anytime before the final month of the agreement period", then I agree with you.

Such a clause would give you a right to end the tenancy at ANY time, not just in the final 6 months, by giving to the landlord at least one month's prior written notice ending the tenancy.



Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.
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