Landlord denying 'break clause' in contract

CK140

Hi all, really hope someone can help as I’m tearing my hair out!

I moved into my rented property with a friend (Mr A) seven months ago. Our tenancy agreement was a private tenancy agreement, as our Landlord is Mr A’s brother.

I now want to move out, due to difficulties in living with my friend. Our tenancy agreement has a six month break clause, so all I need to do is provide one months’ written notice. However, when I told ‘Mr A’ of my plans to move out, he was not happy with this, as he does not want to move and it’s a joint tenancy. The next day, he said he didn’t remember there being a break clause in our contract, and when I went to get my tenancy agreement from my room, it had ‘disappeared’, even though I know it was there the other day, and I had various people check it over to check there was a break clause.

Our Landlord (his brother) is also denying there is a break clause, and has provided me with a ‘new’ copy of the tenancy agreement. He has blatantly changed the front page to remove the ‘break clause’ and as we only signed the back page, I can’t do anything about it – even though there was DEFINITLY a break clause in it, and other people saw that.

I want to move out regardless – my friend has been hell to live with, and I need to get out asap! What will my rights be if I move out and just stop paying rent? Would my Landlord be successful in a small claims court, even though I know he changed the tenancy agreement?

Also, I (stupidly) paid my deposit in cash and didn’t get a receipt, as I thought at the time I was living with a friend who I could trust. What are my best hopes of going about trying to get this back?

Any help would be greatly appreciated!

gorgeouslatinrose

I would ask the landlord where he has registered your deposit - you may not have had a reciept but your deposit should have been in the TDS or one of the other deposit schemes. Can't help you on the other problems , but definatly check this. I think if you go online or call them up they will tell you. This could give you some leverage to move out as if its not registered you can claim 3 x your deposit back. It sounds like you need advice fast, so it may be worth going to the citizens advice bureau or call Shelter.

Planner

If you are both named on a single tenancy agreement then I would be very surprised that, even if you could find the missing contract, it allowed one of you without the agreement of the other to break the agreement.

In terms of the deposit, in deed it should have been registered. Ask for it to be registered and you to be given the required information. Recent High Court decision throws into doubt how much 'leverage' this oversight actually gives you.

Im surprised your housemate is digging their heals in so much about you leaving, it must be a very strange and uncomfatable situation for all involved. Think you all need to have a sit down, explain you are instant on moving out BUT you will all agree on a replacement and commence a search.

vickieodell

If you find someone to take your place for the remaining tenancy, your landlord shouldn’t really have an argument. Were you referenced by and agency or anything? Did you initial all pages of the tenancy to acknowledge that you had read the document? It may still be difficult because of the one tenant wanting to stay. Also there are 2 types of break clauses, one whereby you can move out only at the 6 month period or you can vacate anytime after the 6 month initial period, so depends which one you have, being 7 months into your contract, also if he has written it himself, it maybe that the wording would be wrong so he wouldn’t have a case.

It could be difficult to prove that the new tenancy that has been provided has been doctored in any way, with you not having your copy; did you go through an agency? As they will have a copy of it, they may charge a fee but it will be worth it if you get out of the contract.