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Can i finish my tenancy after 6 months ?


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Hello, can you help me! I have second agreement for an Assured Short hold Tenancy :

1. Term of Tenancy

 

The Landlord lets to the Tenant the Premises for a period of 6 months. The Tenancy shall start on and include the 26th March 2010 and shall end on and include the 25th September, 2010, but subject to clause 10.4.

 

 

Rent and any other monies payable under this Agreement until the Term expires, or the Premises are re-let, whichever is earlier.

 

Tenant’s Break Clause

 

10.4The Tenant may determine the Tenancy at any time after the expiration of the first Six (6) months by giving to the Landlord or his Agent not less than two (2) calendar months’ prior written notice of its desire and up to the time of determination (which for the avoidance of doubt will not be earlier than six months from the commencement date of this Agreement) pays the rent and reasonably performs the obligations on his part contained in this Agreement, then on the expiration of the notice the Tenancy shall cease and determine but without prejudice to the rights and remedies of either party against the other in respect of any antecedent claim or breach of obligation.

 

 

But I wish to end it at the end of the term (25th September, 2010) and gave my landlord 2 month notice (in writing) for it on 30/06/10. He saying that I still have to live in the flat for another 2 month after the end of agreement, pointing out to the Break Clouse 10.4 :

your agreement clearly states end of 25th September 2010 plus 10.4 where both parties can give 2 months notice AFTER the 25th September 2010: earliest contractual end date being 25th November 2010.(from his letter)

 

and that the first agreement do not count towards 6 month after which I can give 2 month notice for leaving any time. Is he right?

Many thanks.

Edited by nazar10
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Did you sign this second agreement, and was this break clause on it?

As far as i'm aware the first one stands, so you could leave on the 24th Sept and not owe a penny or give any notice

Unless someone comes along with anything different (ive been away a while so not au fait with current rental laws) tell him you will move out on the 24th.

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Your LL is talking rubbish, though whether he's devious or deluded isn't quite clear.

 

Your Tenancy Agreement is badly worded, he's picked it up from somewhere and doesn't understand it. You have signed a six month agreement. It ends on 25th September. If it were allowed to carry on past that date, THEN you would have to give ONE month's notice (that's the law, he can't make you sign away a right in law). Actually, you didn't have to give notice at all to move out on 25th September.

 

That raises the matter of deposit. Did you pay one? Has he protected it? Will he try and withhold it on this excuse (hence my question of whether he is being devious)? If you answer three "Yes-es" then the dispute resolution service will sort it out.

 

Presumably this second agreement came into force at the end of a first 6 month's tenancy?

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