Break clause

[angiede]

Hello,

 

I moved into the property I'm renting now, on the 20th of January 2010. There is a break-clause on the contract. However, now after the months of the break clause have past, they say I can move out if I want to (by giving them two months notice), but I'm entitled to pay them the rent until the completion of the contract. I write exactly what the contract says here:

 

"The tenancy is subjected to a break clause at 8 months whereby the Tenant may give the Landlord two months notice to terminate the agreement. The Landlord may also give the Tenant two months notice to terminate the agreement."

 

The estate agents say, that this means that I'm allowed to give two months notice on the 8th month to move out on the 10th month without further financial responsibilities from me. However if I give notice on the 9th month to move out the 11th month, as I want to do, I have to pay the 12th month as well although I will not be living in the property. To me this sounds unreasonable (to say the least).

 

Also, there is no other term in the contract mentioning the break clause.

Are they right or they just try to keep me in the property for one more month (or worse they are hoping I will leave and pay them one months rent extra)? What can I do next to deal with this?

Edited October 9, 2010 by angiede

[callumsgran]

Hello,

 

I moved into the property I'm renting now, on the 20th of January 2010. There is a break-clause on the contract. However, now after the months of the break clause have past, they say I can move out if I want to (by giving them two months notice), but I'm entitled to pay them the rent until the completion of the contract. I write exactly what the contract says here:

 

"The tenancy is subjected to a break clause at 8 months whereby the Tenant may give the Landlord two months notice to terminate the agreement. The Landlord may also give the Tenant two months notice to terminate the agreement."

 

The estate agents say, that this means that I'm allowed to give two months notice on the 8th month to move out on the 10th month without further financial responsibilities from me. However if I give notice on the 9th month to move out the 11th month, as I want to do, I have to pay the 12th month as well although I will not be living in the property. To me this sounds unreasonable (to say the least).When exactly do you want to move out?

 

Also, there is no other term in the contract mentioning the break clause.

Are they right or they just try to keep me in the property for one more yearThey cant make you stay another year unless you've signed up for two! (or worse they are hoping I will leave and pay them one months rent extra)? What can I do next to deal with this?

Stick around you will get good advice here

[angiede]

Thanks for your immediate response.

 

I want to move out sometime in December.

 

Sorry that was a mistake. The contract is for one year, until the 20th of January 2011.

Edited October 9, 2010 by angiede

[callumsgran]

Its a shame really that you've only just missed out on the 8th month break clause (to use that your notice would've had to go in on or before the 19th September) although generally speaking most 12 month tenancies have a 6 month break clause.

Personally i would try to negotiate with the agents and try to appeal to their better nature (if they have one) that as long as they have 2 months notice you can leave on 19th December.

Once the 19th December has passed if you are still in the property you would be liable for the last months rent anyway up until the 19th Jan.

You could always not pay Decembers rent if it wont prejudice your new tenancy wherever you are going, although i dont condone it as it may jeopardise any deposit you have paid.

Do you know if your deposit (if one was paid) is in a registered protected scheme?

If its not the agent will be on a sticky wicket and it could prove to be a good bargaining tool

Someone more knowledgeable may be along shortly to help out better as my letting knowledge is a bit rusty, let us know how you get on

[angiede]

Thanks for your response.

 

I tried to negotiate with the agents earlier today, but it lead to nowhere. Also, at the beginning of September I called the agency and I told them that I will have to move out in December, and they said there is no problem.

However, today the same agent said that he doesn't remember the phone call!! It was stupid of me and naive that I didn't write an email then, summarizing everything we said on the phone and asking for them to confirm them.

 

The deposit is protected. I have the confirmation email from DPS (Deposit Protection Service).

[MrShed]

The wording is unfortunate, but supports their viewpoint I'm afraid.

[angiede]

Thanks for answering me.

I was afraid of this. The fact that English isn't my native language didn't help to spot this when I was signing the contract.

[MrShed]

No problem. I think its a little bit of a "dirty trick" by the agent if I'm honest, but no way around it.

[Aequitas]

The clause is very poorly drafted. It is just about possible to argue that it means you can break after 8 months have expired.