Need to exercise tenancy break clause, help and advice needed please.

BornAtTheRightTime

Hi, I am looking for a bit of advice please. I am currently 3 months into a 12 month AST with 6 month break clause. Notice to exercise this clause must be given at least 2 months prior, so effectively just before 4 months into the tenancy.

For several reasons (not least that the house is impossible to keep warm during the cold weather!) I am looking to move out early. I am buying a new home and should exchange in the next few days however my 4 months is up at the end of next week so I may have to serve notice before I exchange (eep!).

My questions are:

Are there any key phrases I should use/include in the letter? Does anyone have a template I can use?
What precautions should I take to ensure the letter is received? Is proof of postage with follow-up email sufficient?

In the unlikely event that my completion date is after my 6 months rental, and I cannot move out in time, what are the repercussions and my best course of action?

I am renting in England.

Thanks in advance.

BatRT

BornAtTheRightTime

Hi Artful, thanks for your response, The text is:

"Initial term of the tenancy will be 12 months initially with a six month break clause (see section 1.12)"
"Commencement date; from and including 29/07/2010"
"Earliest contractual date; (to affect six month mutual break clause) 28/01/2011"

Section 1.12: "To affect the mutual break clause the tenant or landlord must give two months notice to end the tenancy in writing. Such notice can not take affect less than 6 (six) months after the commencement of the tenancy agreement. If notice is not received two months before the earliest contractual date the mutual break clause becomes void."

I guess they meant 'effect'...

G_M

BornAtTheRightTime wrote: »

My questions are:

Are there any key phrases I should use/include in the letter? Key words: Notice; 6 month break clause; 2 months notice in accordance with S1.2 of the contract; Does anyone have a template I can use? Doubt it.
What precautions should I take to ensure the letter is received? one recorded delivery letter plus one first class with proof of posting Is proof of postage with follow-up email sufficient?

In the unlikely event that my completion date is after my 6 months rental, and I cannot move out in time, what are the repercussions and my best course of action? Once you give notice, you move out. Landlord will be lining up a new tenant!

I am renting in England.

Thanks in advance.

BatRT

See inserts above

BornAtTheRightTime

G_M wrote: »

Are there any key phrases I should use/include in the letter? Key words: Notice; 6 month break clause; 2 months notice in accordance with S1.2 of the contract;
What precautions should I take to ensure the letter is received? one recorded delivery letter plus one first class with proof of posting

Thanks.

G_M wrote: »

In the unlikely event that my completion date is after my 6 months rental, and I cannot move out in time, what are the repercussions and my best course of action? Once you give notice, you move out. Landlord will be lining up a new tenant!
See inserts above

Thanks but this doesn't really answer my question. I have a 1 year old child so can't risk being homeless and want to know what would happen if I could not move out on the date my 6 month tenancy is up. For example, if I paid a further month's rent would I then be liable for the remainder of the original 12 month rent after all? Or would it be classed as a statutory period tenancy at this point?

G_M

The point of giving notice is...... to give notice. If you don't want to implement the break clause, don't give notice!

Ok - if you insist. By NOT moving out you will be breaching the terms of the break clause, so invalidating the notice. You will then be bound by the original 12 month contract.

You will also potentially be leaving the incoming tenant homeless, and giving the landlord a headache.

Organise a fall-back position: friend/family to move in with etc.

BornAtTheRightTime

My hope would be to negotiate with the landlady to stay an additional month as my nearest family is 180 miles away. Is this realistic or would it put the landlady into one of those awkward situations where she wouldn't legally be able to get me out for another 6 months? Please understand I am NOT planning to screw over my landlady! I just want to understand what position she would be in and what she might be able to agree to without making life difficult for herself. She is one of those accidental-landlady types so won't know what options she has open.

martindow

I don't really understand your situation. If you can't find somewhere else within the two months notice period why will an extra month help? When you give notice to leave you should leave by that date.

You could try to negotiate to leave a month later and your LL could agree to this but is not obliged to and can insist you comply with your letting terms.

<sebb>

BornAtTheRightTime wrote: »

My hope would be to negotiate with the landlady to stay an additional month as my nearest family is 180 miles away. Is this realistic or would it put the landlady into one of those awkward situations where she wouldn't legally be able to get me out for another 6 months? Please understand I am NOT planning to screw over my landlady! I just want to understand what position she would be in and what she might be able to agree to without making life difficult for herself. She is one of those accidental-landlady types so won't know what options she has open.

You could, of course, simply ask your LL and she may well agree to it. But she may already have tenants lined up and not able to agree.

BornAtTheRightTime

martindow wrote: »

I don't really understand your situation. If you can't find somewhere else within the two months notice period why will an extra month help?

Because our vendors haven't confirmed what date they will be completing (EA said they will go into rented but our solicitor is aware of an associated purchase) and there is a small possibility it will be a week or so after our 6 month termination date. It's unlikely, but I need to understand what I can do, other than pulling out of the house purchase or demanding the vendors cover the cost of the further 6 months' rent.

BornAtTheRightTime

<sebb> wrote: »

You could, of course, simply ask your LL and she may well agree to it. But she may already have tenants lined up and not able to agree.

Assuming she doesn't have tenants lined up, would she be able to agree or would this somehow establish a new tenancy agreement by the fact we are there paying rent without a contract covering the new period?

Wee_Willy_Harris

BornAtTheRightTime wrote: »

Assuming she doesn't have tenants lined up, would she be able to agree or would this somehow establish a new tenancy agreement by the fact we are there paying rent without a contract covering the new period?

If you are happy to go, and she's happy to let you go and agrees to the end of the rent liability (get it in writing) then everybody would seem to be in agreement without problems and the tenancy can be broken. If not, then I would price up a Travelodge/cheap hotel for a couple of weeks.