Landlord Ignoring Notice to Excercise Break Clause | The Tenants' Voice
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Landlord Ignoring Notice to Excercise Break Clause

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134 views 2 replies latest reply: 27 June 2017
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Other

Hi, So after living in my AST flat share (not entirely sure our landlord has a hmo license!) for 7 months, myself and the other 3 tenant have decided to use our break clause. All four of us emailed her, and have had no response. We decided to hand deliver a letter signed from all four of us a couple of days later, after following up immediately she still ignored us. She has, however, since emailed regarding other matters and text me underneath a follow up text I sent her regarding the situation. Have we given sufficient notice? Or will the tenancy deposit scheme rule in her favour? All we really care about is getting our deposit back, but we all believe she has (and never really had) no intention of doing so.

Thanks!

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Tenant

Hello, 

I cannot tell by your text. To properly judge, I need to see the AST, the break clause and whatever notices you served to her. 

Typically, you don’t need the landlord to agree to a notice, if it is validly served and obeys the rules of the AST.

As for the deposit, first check if it’s properly protected. 

Download our two guides on deposit protection and deposit return in the links below:

http://www.thetenantsvoice.co.uk/letter-templates/request-tenancy-deposit-protection

http://www.thetenantsvoice.co.uk/letter-templates/request-deposit-back-negotiate-disputes

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Other

Thanks for your response. We’ve finally got some sort of response from her.

While we’re here, she’s expecting us to find replacement tenants as we’ve used the break clause, do you know if she can actually legally enforce that? It is in the contract but extremely vague.

Thanks!

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