Need to exercise my six month break clause, can anyone help?

cornflakeg1rl

I have a 12 month tenancy with a six month break clause and I have to give two months notice. When I signed the agreement the agent explained that if I wanted to leave at six months i'd need to give notice at four months which i've done. She no longer works there and the agent has now said I'm unable to give my two months notice until I reach six months meaning I can't move out until eight months. The clause is a little ambiguous and it seems to read that i'm unable to exercise my right to move out until the six months has passed but the agent is adamant that it means i'm unable to exercise my right to give notice until six months which goes against what I was told when I signed it. Can anyone help as I really need to move out at six months.

DVardysShadow

You can see the clause and you are asking advice from people who cannot see it?

Perhaps it would help to post relevant clauses?

cornflakeg1rl

Yep sorry This is the part that is causing issues:

It says I have the right to terminate the agreement prior to the said term (12 months) by giving no less than two months written note and provided that the following condition is satisfied:
- this right cannot be exercised by the tenant to terminate the agreement on any date falling before the expiry of six months from the term commencement date

I read it as the termination date can't be before six months. They're saying I can't exercise MY RIGHT to terminate before six months.

DVardysShadow

cornflakeg1rl wrote: »

Yep sorry This is the part that is causing issues:

It says I have the right to terminate the agreement prior to the said term (12 months) by giving no less than two months written note and provided that the following condition is satisfied:
- this right cannot be exercised by the tenant to terminate the agreement on any date falling before the expiry of six months from the term commencement date

I read it as the termination date can't be before six months. They're saying I can't exercise MY RIGHT to terminate before six months.

It is quite clear from what you have posted that you can exercise your right to terminate on the expiry of 6 months.

To terminate the contract, you must give notice [2 months?]. There is a constraint on when you may terminate - but [check your agreement], there is no constraint on giving notice, except that it must be 2 months [?] before you terminate.

There is a subtle change to the wording which could make your case more difficult:

- this right cannot be exercised by the tenant on any date falling before the expiry of six months from the term commencement date to terminate the agreement

but your wording is quite clear - as long as your termination date is not less than 6 months and you give enough notice, there is no problem.

The agent is either being thick - or worse, deliberately thick. Just give notice in writing and request checkout in writing and let them face the consequences. Keep copies, of course.

cornflakeg1rl

Thank you! It's very reassuring to get a second pair of eyes on it. I thought I must be the one who was being thick.

G_M

Give notice at 4 months and leave after 6.

Do NOT stay one day longer than the 6 month point.

If/when the landlord/agent demands further rent, ignore. They'll have to take you to court an they'll lose.

If /when they refuse to return your deposit (inevitable by the sound of it), follow the arbitration process for your your deposit scheme. Best to check it out in advance here so you're prepared.

cornflakeg1rl

Thanks for your help, I called the head office this morning and complained. They called back and admitted they were wrong and even apologised. They've accepted my notice and i'm moving out on 25 January! The little people prevail once again :j