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Break Clause notice Assured Shorthold Tenancy Agreement

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67 views 1 replies latest reply: 17 March 2017
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Tenant

Hi.

My wife and i are in a situation whereby we are coming to the end of our tenancy, we had a break clause inserted in our assured shorthold tenancy agreement that states that we must give two months notice of our intentions of whether to renew or terminate. We had origoinally thought we would want to extend so we asked whether we could, the response from the Landlord through the agent was that they were not sure yet. We are expecting our first child and we originally thought it would be good to extend by a few months due to the new baby. The email from the agent was 3 days prior to the two months notice date. We did not hear any confirmation from the Landlord after that and now we have decided that we wish to leave the property at the end of our fixed term on the original contract. The lease terminates in 11 days time. The agent has now said that they have the right to hold our deposit in this case as it would be a loss of income for the Landlord as they wont be able to lease out to another party straight away. We do we stand here as we did not know the intentions of the Landlord by the time the date for notice arrived and for this reason we changed our mind.

Please help. Thank you.

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Tenant

Hello, 

I’ve read in Tessa Shepperson’s Landlord law blog a position where the tenant should not be forced to give a notice to end a fixed term. Because it’s a fixed term, the tenant is allowed to simply move out on the last day and terminate the contract. 

A notice would be kindness, but not mandatory. If you stay one more day, you then enter into a periodic tenancy and now you have to serve a notice. 

The above was also backed by the now abolished Office of Fair Trading. 

HOWEVER, this is just one person’s interpretation. The tenancy agreement you’ve signed has specific instructions how to end the tenancy and I think it would hold more power. You really have to contact a solicitor and see if you have a right to walk out and still battle for your deposit. 

If you enter in a deposit dispute, please download our free guide that will give you all the information and tools you need – http://www.thetenantsvoice.co.uk/letter-templates/request-deposit-back-negotiate-disputes

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