Mid-month tenancy termination

CrimeWave

The party agreement is with the landlord and not the agent they are really 2 seperate entities. 9 times out of 10 the break clause states something along the lines of 'the notice must start at the end of a rent due day' If the land lord already has tenants lined up he has mitigated his own losses and cannot charge you the rest of the month.

Planner

CrimeWave wrote: »

The party agreement is with the landlord and not the agent they are really 2 seperate entities. 9 times out of 10 the break clause states something along the lines of 'the notice must start at the end of a rent due day' If the land lord already has tenants lined up he has mitigated his own losses and cannot charge you the rest of the month.

Correct, the tenants relationship is directly with the landlord and landlords relationship directly with the tenant. In the case where an agent is used, the agent is considered 'transparant', so the tenant is considerd to be talking directly to the landlord when he communicates with the agent and equally communications from the agent are to be considered to be directly from the landlord. If this is not so, then you have the unfortunate and quite unacceptable 'schizophrenic' situation which you are implying is correct. It simply isnt so.

There has simply been a mistake and subsequent breakdown in communications between the agent and the landlord in this case. If the landlord suffers financial loss as a result, it is for him to take up with the agents. No rent can be claimed from the tenant after a tenancy has ended, as is the situation here.

Notlob

Does it say in the tenancy agreement that either the tenant or landlord's notice must expire at the rent of a rent period?

If not, then the agent is correct.

Notlob

Planner

Yobe wrote: »

Thank you

the break clause only mentions that we can leave after 22nd January provided we give two months notice.


:beer:

Apparently it dioesnt specify it has to finish at the end of a rental period.

clutton_2

the clause which says you have to agree to giving two months notice is unlawful.

Tenants are ONLY required to give one months notice, from rent day.

Landlords have to give two months notice.

Planner

clutton wrote: »

the clause which says you have to agree to giving two months notice is unlawful.

Tenants are ONLY required to give one months notice, from rent day.

Landlords have to give two months notice.

Normnally I would agree, but In this case we are talking about a mid tenancy break clause, the landlord can require any length of notice he wants in order for himself/the tenant to use it.

Yobe

The termination / break clause states "It is agreed between the parties that the Tenant shall have the right to terminate the Tenancy by giving Two (2) months advance written notice to Agent. The notice to be delivered as detailed in clause 9.4 and not to take effect any earlier than 22/11/2009 and not to expire prior to 21/01/2009"

Clause 9.4 is purely about how notice should be physically delivered (i.e. written, to a specific address, before 5pm. excludes bank holidays, sent with certificate of posting).

Notlob, it doesn't mention anything about either notice expiring at the end of a rent period.

We've sent a letter this morning as Planner suggested. Fingers crossed...

Planner

Yobe wrote: »

The termination / break clause states "It is agreed between the parties that the Tenant shall have the right to terminate the Tenancy by giving Two (2) months advance written notice to Agent. The notice to be delivered as detailed in clause 9.4 and not to take effect any earlier than 22/11/2009 and not to expire prior to 21/01/2009"

Clause 9.4 is purely about how notice should be physically delivered (i.e. written, to a specific address, before 5pm. excludes bank holidays, sent with certificate of posting).

Notlob, it doesn't mention anything about either notice expiring at the end of a rent period.

We've sent a letter this morning as Planner suggested. Fingers crossed...

Good luck, keep us updated and dont let the LL bully you into paying!

franklee

Looks to me like you have satisfied the break clause and the agent has confirmed this. I do not see the agent has made a mistake as the break clause doesn't specify that notice has to be till the end of a period.

The agent has made the position clear, it's up to them to fend off the landlord. I suggest the agent tells the landlord to read the tenancy agreement and if the landlord bothers you again refer him back to his own agent.

Yobe

To finish off the story... I sent the letter and received no reply. I have since received back the full deposit and am living happily in a new home! So a HUGE thank you to everyone, particularly Planner who provided a few nice quotes for the letter, and a general confidence boost that I was in the right.