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break clause in supplementary mermarandums to the tenacy agreement


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Hi

 

I have a question regarding the termination of my tenancy agreement.

 

My original tenancy contract had a two years term and included the following break clause: the landlord may bring the tenancy to an end before the expiry of the term (but not earlier than 14 months from the commencement date by giving the tenant not less than two months notice prior written notice stating that the landlord requires possession of the premises. The tenant may bring the tenancy to an end before the expiry of the term (but not earlier than fourteen months from the commencement date) by giving the landlord not less than 2 months prior written notice. The tenant may not serve this notice for the tenancy to expire between 15 November 2011 to 31January 2012.

 

The commencement date is stated in the original contract as 1 July 2010.

 

After the expiry of the 2 years contract I extended the contract and signed a memorandum of the original agreement. The memorandum states the following: "This memorandum is supplemental to the tenancy agreement dated xxx made between the landlord of the one part and the tenant ("the tenancy agreement") of the other whereby it is agreed and co firmed as follows:

1. The tenancy agreement shall be extended for a further term of 12 months from 1 July 2912 to the 30th June 2013.

2. The rental for the term is Xxx payable in advance by the initial payment of xxx payable on 1st July 2012 followed by 11 equal instalments of xxx payable on the 1st days of each month thereafter by standing order without any deductions whatsoever."

 

Nothing else has been stated in the memorandum.

 

I now would like to terminate the agreement before the termination of the agreed term. As the memorandum states that it is supplemental to the original contract I am of the opinion that the original break clause applies and I can terminate the contract with two months notice as I have clearly exceeded the 14 months. However my landlord is of the opinion that the original break clause does not apply anymore and I should have agreed a new break clause in the memorandum.

 

Could you please help to advise who is right.

 

Many thanks.

Christina

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Christina, was the rent for the supplemental agreement the same as the orig AST

if not, did you pay increase in rent without question or was a s13 of intended rent increase served before/after end of 12 month? Did you contest s13?

If yes, with no other sig changes, then IMO orig AST conditions prevail, but without sight of suppllement agreement it is dificult to offfer considered opinion. You may have agreed to new AST.

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Are you aware that you can leave on 30th June without giving any notice at all?? Because that is the official end of the contract. It is no more than the 2 months notice that you are enquiring about, as that would not come into effect until the 1st may, as notice is to be given before the date of rental period. ie if you gave 2 months notice now,it would not come into effect until 1st may.

 

So if you wish to leave, I would just inform LL that you are moving out before 30th June, (although you are liable for rent up until this date).

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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Thanks!

 

Let me clarify the situation a bit more.

 

We handed in notice on 15 February 2013 as of 15 April 2013.

 

The rent was increased in the supplemental memorandum and I agreed to the increase by signing the memorandum. The landlord informed me about the increase about 3-4 months before the expiry of the original contract. I did not question it.

 

Also, I cited the complete memorandum in my original message. There was no further paragraphs in the memorandum.

 

I hope this helps.

 

Many thanks!

Christina

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