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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 5th March 2007, 17:15   #1 (permalink)
artemis76
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Default Break-out Clause

Hello, I'm hoping to get some advice over a dispute we are having with our letting agent over the break-out clause in our tenancy agreement.

When we first viewed the property, we were told in person by the agency staff that the contract (which is for a year) has a "six month break-out clause", and we specifically asked whether this was a "four plus two months one" to which she agreed that it was.

Having found that we want to move out at the six-month stage (a couple of months from now), we tried to give our two-months notice only to be told by the agents that the contract is for "two months notice after 6 months" (ie. we can move out 8 months into the contract).

The wording for this section of the Tenancy Agreement is quite vague:
"The Tenant may bring the tenancy to an end at any time before the expiry of the fixed term (but not within six months of the commencement date) by giving to the Landlord at least two months' written Notice"

Does anyone have any feedback on this? While we can (reluctantly) stay on the extra two months if we have to, we'd rather not have them getting away with this if they're just trying it on!
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Old 5th March 2007, 17:22   #2 (permalink)
MrShed
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Default Re: Break-out Clause

That term reads to me that you are in the right...
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Old 5th March 2007, 18:18   #3 (permalink)
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Default Re: Break-out Clause

yup agree - you're just saying that you want to terminate the contract at six months (which the contract says you can) you are just giving notice before then.
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Old 28th April 2007, 12:43   #4 (permalink)
artemis76
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Default Re: Break-out Clause

Thanks for the feedback. We managed to get out of the contract eventually at the six-month stage, although had to get a solicitor involved...
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