Backdating jan option
If the clause is clearly drafted and equally fair to both parties, the landlord will have a better chance of getting possession.However, if the clause is poorly drafted and deemed unfair (e.g.So, break clauses typically stipulate that they can only be enforced 6 months into the fixed term of a tenancy, no earlier!Here is an example of a break clause (please do NOT use it without seeking legal advice): 7.9 Tenancy Break Clause 7.9.1 In the event that the Tenant shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof he shall give the Landlord not less than one months previous notice in writing of such desire and shall up to the time of such determination pay the rent and observe and perform the agreements and obligations on the tenants part.7.9.2 If the Landlord shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof he shall give the Tenant not less than two months previous notice in writing of such desire then immediately upon the expiration of such notice the tenancy hereby created shall cease and be void.The landlord is required to provide at least two months notice to the tenant if they wish to enforce the break clause by serving a Section 21 Notice.So for example, if the tenancy starts on 1st of January, the landlord should serve notice by 1st May (i.e.New information: We have not fully agreed the check out date, we have asked for the 8th July repeatedly and they are insisting on 2nd July, they have also advertised the property as available from 5th July.Am I within my rights to say no to them letting it out while we are still paying rent, i.e. Also, would it be reasonable to suggest we come to a mutual agreement to early surrender of the property which they could then rent out as soon as they wanted?
You could ring the agent for the reference number but speak to the organ grinder (Landlord) not the monkey! You can ENJOY the property right up to the end of your tenancy, so currently that is looking like July 12th 2017 as long as you pay your rent to this date.
I am so confused with all of this and with everything else going on, I genuinely feel conned.
Hi @Amy Still a badly constructed term but here it is as I understand you are saying it:"This Tenancy Agreement is subject to two months written notice to be served by Landlord if requires possession of the property or Tenant received on or before the rent due date, not before the first ten months (i.e.
In the event that the tenant wants to surrender the tenancy without the landlords agreement, the tenant will be contractually obliged to pay rent for the entire length of the fixed term. Please allow me to clear up some points: Term: 24 months, with a 12 month break clause, 2 months' notice Break Clause: You are correct that was a typo on my part and should be "if requires", the rest is verbatim from the contract.
Similarly, if the landlord wants the tenant to vacate early while the tenant has no interest, the landlord cannot reposes the property early without grounds for eviction. This is the only mention of a break clause in the whole contract and the exact terms that the letting agent has tried to use against us a total of 3 times now.
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I personally don’t use break clauses in my tenancy agreements, the reason being is that they don’t seem convincingly reliable (from what I’ve read and been told), which makes them kind of scary to me.