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Given Notice to Move Out - Legal Action

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235 views 2 replies latest reply: 08 March 2016
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Tenant

Hi, I had to moved out of my flat that I was renting quite recently. I had a 12 month contract and there was a breakclause as such “Should the property be sold, the landlord reserves the right to issue a 60 day written notice to the tenant, terminating the term hereby created and this agreement shall be null and void.” I was given a notice and therefore, following the contract I had to move out as my agent told me that the a buyer was secured for the property. My agent tells me he was told to do this by the landlord and “secured a buyer” were the exact words used when I received the notice. However recently I found out that the flat is still owned by the same landlord, so I dediced to go and check if anyone was living in it and there was no one. The place is still exactly the same as I last left although I moved out on December 23. I would very much like to know if this was a breach of the contract and my rights as a tenant and if so what is the procedure I have to follow to take this to court?

Thank you very much

Baris

term hereby created and this agreement shall be null and void

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Administrator

Hi Baris

If the agent/landlord used the break clause in the contract properly then no it wouldn’t have been a breach of the tenancy agreement – check your tenancy but usually the break clause can be activated by either party without giving a reason for it as long as the proper notice is given. 

Alex

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Tenant

Hey Baris, can you give a bit more information about why you think the contract was breached? 

it seems like you are upset the LL ‘lied’ about selling the property,  but a LL csn evict for any reason or no reason whatsoever!  and like AP advised, a break clause can be used by either side as long as the process is correctly followed.

PPlease elaborate on why you think the LL did something wrong and i will try to help 🙂 

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