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Jimmy2Times

Break Clause Is Meaningless

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Help is appreciated.

I signed up in November 08 with a landlord to rent a 3 bed flat in London, I found two other folks to share with, the tenancy agreement was signed by us all and we move in.

After 2 months it became appartent one of the flatsmates had a mental disorder and was prone to erratic behavour. I informed the landlord of this in February, he discussed the issue with her and it was agreed she moved out and she found a replacment tenant.

All well and good so far, after she found the tenants the landlord then decided he wanted us all out of his flat even though the contract was until Nov 2009.

After reading the constract it states this.

** Break Clause with a 1 Month Notice Period starting after 6 months of Tenancy

I understood this to mean I can give notice to leave after 6 months, it doesn't state he has the right to throw me out, its like he put it on there as an after thought without any detail of his process for notice to us.

Any way to cut along story short, the other two have now left after the 6 months and he agreed in 2 emails he will find another two tenants to move and I can stray on on a monthly basis.

After two weeks of looking for tenents with no success, he and his wife are now blaming me for the reason people not liking the flat and has now asked me to leave with no notice. He has used the reason young people dont want to share with me becuase I'm not their type, I'm 35 bloody five not 85!!!

Not wanting to take his sorry **** to court but it would apprear the landlords contract has not being worded correctly and he is trying to pull a fast one on me.

Advise would be welcome, should I ignore his treats and continue to look for tenents.

Cheers.

J2T

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Firstly and most importantly he can't make you leave without notice; break clauses can be invoked by LLs as well as tenants ( so they can get rid of unsatisfactory ones!) but you can't be evicted without a court order (which is going to take at least two months to get)

You are entitled to two months notice from your LL.

HOWEVER - what exactly did you sign? Are you by any chance still liable for ALL the rent? If so, the LL can sue you for that. In which case scarpering now might be the cheaper option .....

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Cartimansua is right, he has to give you 2 months notice, and if it's a single joint contract then anyone on that contract is liable for the whole rent (you could try and get it from others but it's unlikely you will succeed). If you can find a new place sharpish, then just get out of there ASAP before they try and hit you for the whole amount.

It's one of the problems with UK tenancy law that LLs can remove people with relatively little notice. It's very different in many European countries, with LLs needs a very good reason to evict tenants, hence more people there choose to rent and usually buy much later in life.

IMO, the UK tenancy system needs changing to make long-term renting a more viable option. I certainly wouldn't want to have kids while i'm still living in rental accomodation, purely due to the fact an LL can kick you out with relatively little notice, and it's not right for kids to have to be moving around all the time, they need a bit of stabilitity while they're growing up.

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Firstly and most importantly he can't make you leave without notice; break clauses can be invoked by LLs as well as tenants ( so they can get rid of unsatisfactory ones!) but you can't be evicted without a court order (which is going to take at least two months to get)

You are entitled to two months notice from your LL.

HOWEVER - what exactly did you sign? Are you by any chance still liable for ALL the rent? If so, the LL can sue you for that. In which case scarpering now might be the cheaper option .....

The contract I signed is botched short Term Tenancy agreement, it states I pay 1/3 for the flats rent for my room, the other two sharers pay 1/3 each also. It has no mention of remining tenants being resposible for the whole rent if anyone moves out (I have seen these before and accept the terms but this contract does't have this). This is his fault I guess for not getting a agency to write his contract.

He sent us all an email 2 months ago stating this was his notice for us to move out, I then agreed with him I can stay and he find 2 more to share, this was our ageement until he changed his mind last week, he now wants me out this coming week!!!, its my understanding because he agreed with me I could stay, he now has to give me 2 months notice from now, not back date his notice to April after we had an agreement in principle.

Anyway like you seem to suggest he needs to do the legal route to force me out, I dont want the hassle of this so my only option is to move on and not cause the LL too much bother.

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Sometimes enforcing your rights is more hassle than it's worth - suggest you contact him pointing out that you know and he knows he can't just physically throw you out (at least not without risking jail!) and agree on say, the end of July as a move-out date?

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Assuming the tenancy was longer than 6 months;

Im not sure why you are being advised 2 months notice is required?

If he invokes the breakclause again, its only 1 month.

However we can all agree that the 1 week you have been given is definatley wrong!

Edited by Planner

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Assuming the tenancy was longer than 6 months;

Im not sure why you are being advised 2 months notice is required?

If he invokes the breakclause again, its only 1 month.

However we can all agree that the 1 week you have been given is definatley wrong!

Aren't we looking at it from the LL's notice point of view? The tenant only has to give one month's notice, but I've always understood the LL had to give two

Periodic tenants

If a tenancy is periodic or if the fixed term has come to an end and no new fixed tenancy has been arranged, a tenant can be evicted fairly easily. There is no need for landlords to give a reason to the court but s/he must be able to show that the tenancy is an assured shorthold tenancy and that the correct Section 21 Notice to Quit has been served.

The notice must be at least two calendar months or the same period for which rent is paid, whichever is longer. The notice should end on the last day of a rental period (the day before rent is due). If the tenants don't leave by the end of the notice period, a landlord can apply for a court order.

http://www.tenancyagreementservice.co.uk/tenants-rights.htm

and

Periodic Tenancies

If no notice is served and the tenant remains at the property beyond the end of the fixed term the tenancy becomes “periodicâ€. Periodic means that there is no fixed term but rather continuous periods, those periods being defined by the time between rental payments.

The Landlord is still required to serve two months’ notice during a periodic tenancy but the expiry of the notice must coincide with the end of a period.

http://www.mypropertyguide.co.uk/articles/...y-agreement.htm

and

"after" In the case of HA 21 this date must be at least two months after the date when the notice is given. In the case of HA 21A if must be (i) at least two months after the date when the notice if given and (ii) the end of a period of the tenancy. If you send the notice by post rather than delivering it by hand to the property, you are well advised to send it by recorded delivery and to allow 48 hours for delivery.

http://www.oyezformslink.co.uk/f_title/buy_4646.htm

Certainly as a LL I've always given two months notice, whether for the end of a fixed term or after it had gone periodic.

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Aren't we looking at it from the LL's notice point of view? The tenant only has to give one month's notice, but I've always understood the LL had to give two

Periodic tenants

If a tenancy is periodic or if the fixed term has come to an end and no new fixed tenancy has been arranged, a tenant can be evicted fairly easily. There is no need for landlords to give a reason to the court but s/he must be able to show that the tenancy is an assured shorthold tenancy and that the correct Section 21 Notice to Quit has been served.

The notice must be at least two calendar months or the same period for which rent is paid, whichever is longer. The notice should end on the last day of a rental period (the day before rent is due). If the tenants don't leave by the end of the notice period, a landlord can apply for a court order.

http://www.tenancyagreementservice.co.uk/tenants-rights.htm

and

Periodic Tenancies

If no notice is served and the tenant remains at the property beyond the end of the fixed term the tenancy becomes “periodicâ€. Periodic means that there is no fixed term but rather continuous periods, those periods being defined by the time between rental payments.

The Landlord is still required to serve two months’ notice during a periodic tenancy but the expiry of the notice must coincide with the end of a period.

http://www.mypropertyguide.co.uk/articles/...y-agreement.htm

and

"after" In the case of HA 21 this date must be at least two months after the date when the notice is given. In the case of HA 21A if must be (i) at least two months after the date when the notice if given and (ii) the end of a period of the tenancy. If you send the notice by post rather than delivering it by hand to the property, you are well advised to send it by recorded delivery and to allow 48 hours for delivery.

http://www.oyezformslink.co.uk/f_title/buy_4646.htm

Certainly as a LL I've always given two months notice, whether for the end of a fixed term or after it had gone periodic.

Not where a breakclause is being actioned. We are talking about serving Contractual notice, NOT Statutory Notice.

The breakclause could require any notice period or way of serving it - i.e to exercise the breakclause the landlord or tenant must give 22.5 days notice, to be served on a tuesday before 10am in person while wearing a pink tie with green poker dots. If the notice or period of notice doesnt meet that as prescribed by the breakclause, then the notice is void.

Edited by Planner

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I thought the terms of the contract could not be worse than the statutory minimum so I would have thought it was always 2 months notice from the LL's point of view.

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I thought the terms of the contract could not be worse than the statutory minimum so I would have thought it was always 2 months notice from the LL's point of view.

But theres no statutory minimum to end a fixed term contract early.

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I thought the terms of the contract could not be worse than the statutory minimum so I would have thought it was always 2 months notice from the LL's point of view.

Panic over, I've met him and had a chat, as it turns out he's got several flats on the street and it just happens so that in one of his other flats a room has become available, the folks living there seem really nice and more my age group, he's met me half way and said if I pack my things by the weekend I can have the room on a periodic tenancy for £150 less than I'm paying now.

I'll be buying something soon probably next year Jan so this suits me fine, just a pleasent chat and a hand shake, could have turned out alot nastier but it always pays to talk things through. All deals should be done like this.

Thanks guys for all the advice and support, much appreciated.

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But theres no statutory minimum to end a fixed term contract early.

But of course when the fixed term comes to an end a statutory periodic tenancy kicks in.

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But of course when the fixed term comes to an end a statutory periodic tenancy kicks in.

I will take that as agreement that theres no statutory minimum notice period to end the fixed term early.

Edited by Planner

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