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Ending tenancy agreement


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Hi, This is written on behalf of my cousin...

 

 

We signed a 12 month tenancy agreement on 1st November 2008 as the rent had been increased, we were not sure at the time whether we would want to stay for 12 months but read the contract and saw the break clauses for Tenant and landlord below.

 

 

When we contacted our current letting agent in April we mentioned we were looking for a new place and they said “OK thanks for letting us know, the best place to check for properties is our website”. We did this and actually viewed a few places but sadly they were unsuitable so we found one with another letting agent and paid a admin fee and holding deposit. When I subsequently informed the current letting agent of our plans to leave (6 weeks notice after the 6 month period) he has said “But you have a 12 month contract until November 2009”. I was shocked and mentioned the fact that:

 

1.They didn’t mention this before and actually said OK and helped us find new places available in the next month

2.The contract mentions the 6 month break clause which I took to be legally binding

 

They have then said “they thought we wanted to move after November (not true as they found us loads of places available in June/July) AND the 6 month break clause isn’t of any value: “With regards to the break clause this is only mentioned in ‘additional notes’ is does not make up the main terms of the agreement”.

 

To be fair they have asked the Landlord if he is prepared to allow a break in the contract but if he says no we will lose the deposit on the new place and have to stay in the flat for another 6 months.

 

Do you think this is acceptable and do we have any recourse if the Landlord isn’t prepared to let us go?

 

This is verbatim from the Contract:

 

19 Landlords Break Clause

The Landlord shall have the right to terminate the tenancy at the end of the first six month period, or at any time after, by giving to the Tenant not less than two months notice in writing to that effect and upon the expiration of such notice this Agreement and everything herein contained shall cease and be void subject nethertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained. The period of notice must expire at the end of a period of the tenancy.

 

20 Tenants Break Clause

The tenant shall have the right to terminate the tenancy at the end of the first six month period, or at any time after, by giving to the Landlord not less than one months notice in writing to that effect and upon the expiration of such notice this Agreement and everything herein contained shall cease and be void subject nethertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained. The period of notice must expire at the end of a period of the tenancy.

 

(Clauses 19 and 20 must be included together)

 

Thanks for any advice.

 

Edit:

There going to give notice officially on Tuesday by registered post to confirm receipt saying “we would like to give notice from 1st June and leave 1st July 2009"

Edited by danielson81
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