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Break Clause notice Assured Shorthold Tenancy Agreement

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650 views 2 replies latest reply: 21 May 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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Tenant

I could not seem to start a new forum topic for some reason.  But I have some related questions on tenancy agreements.  Hope someone can help me.

1.  We have a 2 year agreement which expires in early July 2017.  We advised landlord we would not be renewing the lease.  We told them we would give them 4 weeks notice but they said we have to give them 2 months notice.  We were not sure about this long period, so we asked a friend to read the agreement and they pointed out a break clause which required a 2 months notice.  So, we gave them 2 months notice at the beginning of May to move out on the expiry date of early July.  We have paid rent for the month of May.  At the end of May, we will pay rent for the month of June.  Then move out at the end of June.

Some people said since we have a  fixed lease, if we wanted to move out the end of the lease, then just move and do not need to give landlord 2 months notice.  However, we wanted to do the right thing as we want our deposit back.

2.  Landlord immediately engaged 2 separate agents to market the property.  Agents began to call me for inspections, there have been 2 separate inspections done already.  However, I had to go overseas for an emergency for 2 weeks.  While I was away, agents and landlord tried to call me, but I turned my phone off due to roaming charges.   I emailed landlord to tell them I would be away for 2 weeks.  There are still another 6 weeks, from my return to the UK, for agents to bring potential tenants for viewing.  What are my rights as tenant in this case?  I have given notice (2 months) as requested by landlord.  But when can agents start showing potential tenants?  Is there anywhere in the agreement which specified this period?  Where I come from, tenants required to give 4 weeks notice, but the law says agents can only show property to potential tenants the last 2 weeks before termination date.

Would appreciate to get some views on this, as I will have to do a battle with landlord on this.  Thanks in advance.

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