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The agency exercises the break clause in my Assured Shorthold Tenancy Agreement


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So here we go. I received the notice saying the landlord requires my vacating the flat in two month's time, so I will have lived there for only 6 months. I imagine that's how both, the agency/landlord typically go about their business: charge the initial agency fees, sign a 12-month agreement with the break clause possible at any time after 4 months with a 2-month notice, then get a new tenant along with more fees and the increased rent price... All legal and according to the contract, it seems.

However, I wonder... Must I leave the property by the stated date? What happens if I don't leave, and stay until I can move to a new place? After all, it will be hard to find a new flat with the move-in date to coincide with the moving out. I think it's only fair that I'm allowed to stay, say a few more days or weeks longer, until my new place is secured. What do you think?

Just in case anybody asks, my tenancy has been impeccable, no issues, no rent arrears, etc. Thank you.

Edited by Neon123
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LL activating break clause without accompanying s21 Notice only has the effect of creating a SPT on expiry or last day of month 6, whichever is later. LL would still have to obtain Court repo order after expiry of s21. unless T voluntarily departed beforehand.

So IMO you do not have to move out, and if you remain you will be on monthly rolling T with amended Notice periods.

In fact you cannot legally & unilaterally vacate until day before SPT exists. Break clause activation by LL in effect changes your 12 mo to a min 6 mo AST.

 

Why do you think LL is in collusion with LA? If separate entities, then only LA may financially benefit from extra charges from both Ts and LL. Most LLs would be overjoyed with a known T who respects his property and pays rent on time, rather than find a new unknown T. Have you asked LL if he has consented to break clause activation notice and your desire to stay for 12 months min?

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You do not have to leave on the expiry date of the notice. However, some would argue that as it is not a 'notice to quit' then if you leave on any other date after that, you would be obliged to comply with the 'common law' notice requirements - which is a minimum of one month, to end on the last day of a tenancy period.

 

You do not have to leave until a court order is obtained and enforced by bailiffs. However, if the landlord has to take court action, then you may be ordered (by the court) to pay the landlord those fees.

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Apparently, the agency has been instructed by the landlord that he requires possession of the property. I also received the accompanying Housing Act 1988/Section 21(1)(b).

Therefore, although it appears I wouldn't certainly die by staying past the specified date, I'd be running the risk of extra court charges, etc. by doing so.

In effect, it looks like I'm gonna have to move out timely, whether convenient to me or not. Thank you for help.

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More aggro, just a little moan really. The flat has heating (tap water and radiators) included in the rent price, as there's communal hot water supply to all flats. But I'll be out before the cold strikes, without fully utilising what I've paid for. Oh well...

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