translation of a 'get out clause?'

leah0205

This paragrapgh is in my shorthold tenancy agreement..

'The term herby granted may be determined by the landlord at any time not less than 6 months after the commencement date of this agreement or any previous agreement by giving to the tenant two calander months notice in writing expiring on any day upon which day the term shall cease..'

The contract is for 12 months, but i need to move out asap, is this a get out clause for me? or does this just mean only the LL can issue me with notice?

clutton_2

this means that the minimum term is 6 months. if you want to leave at 6 months tell the landlord asap so that he can start to remarket. you will need to give one months notice if you are going to leave after the 6 months

Lorian

I think this means the minimum term for you is 12 months, that clause is for the landlord.

Any clause for you.....?

leah0205

Ok, its just the way it is worded it sounds like the LL has the right to give me notice of 2 months and not me as the tenant.
As i have been here for 6 months at the end of this month, i can legally give 1 months written notice to the LL ? is that right?

Lorian

I don't think so, but Im not a lawyer. Based on seeing only what you've posted I'd say you might be paying up to the 12 months.

leah0205

no i cant see any clause for me? surely thats wrong???

Lorian

Then you don't have a break clause. You needed to have that written in the contract at the time it was written and agreed. I'd seek proper legal advice I think, maybe citizen's advice.

leah0205

yes i think i need to visit the CAB, we are needing to move due to nightmare neighbours, i would like to think that there is law to protect me and my children so we can live in peace!

LoopsYorkshire

This is quite an interesting one ....

I think there is a break clause for the landlord to operate after month 6 but probably not for you .... in view of this I think this could be argued to be an unfair term in a contract on the basis you are disadvantaged.

I think you could try to serve notice as per clause and see if your landlord picks up on it, if he says you cant leave I would then try the arguement re: unfair term. You could read info on Office Fair Trading Website for unfair terms in contracts.

Hope this helps.

Lou

Pitlanepiglet

As drafted your LL has a break but not you. This is one of those great examples of why you should read agreements BEFORE entering into them and not after

You could try to argue that it's an UCTA, I think the OFT were targetting rental agreements.

What is the score with the neighbours? Have you reported the problems to your LL are they in property owned by your LL? Your agreement is likely to provide that you are entitled to "quiet enjoyment" of the property. Hopefully you have complained to your LL at length about the neighbours and I would now tell him that you are being forced to move because you are not getting "quiet enjoyment" and tell him that as a gesture of goodwill you won't be claiming your moving costs from him!

It's not entirely legit unless your LL is in a position to make sure you get quiet enjoyment (like he owns the other property) but if it's an amateur LL you might get somewhere with him.

gauly

I believe in England you can only have two kind of rental contracts: an AST (where you have a fixed term and neither party can terminate during that term) or a rolling contract (where the landlord has to give 2 months notice and you have to give 1 months notice). You can't just make up another kind - particularly one that is as unfair to the tenant as this one appears to be. Try Shelter or CAB.