2 Months Break Clause - HELP!!

Kynthia

Yorkie1 wrote: »

Usually this would be a valid question, but the law says that irrespective of how it was served, it cannot be enforced until 6 months are up, the date of which is more than 3 months away and so it isn't an issue in this case.

Apologies. I missed the fact that 1st November wasn't six months from the start of the tenancy. The OP's last sentence makes more sense now. :rotfl: Silly landlord, there's a reason that tenancy agreements are usually 6 months or more even though there's no legal minimum.

OP, the advice you've been given is good. If the landlord wants possession before six months and you want to leave before six months then it makes sense to agree something together. Whatever you do agree, make sure you get it in writing and make it clear that your liability for rent ends on the agreed date.

monochrome1

Thanks everyone!

So to sum up, is it wise that I sign the S21 and leave in November? Even though this is dubious execution of the notice and would I still get my deposit back in full?

Or should I refuse to sign the notice and suggest we mutually put in writing that the tenancy will be surrendered 1st November instead? Am I safer this way?

Kynthia

OP, when do you want to leave? Personally I'd get it in writing that the landlord is happy for you to leave and that your liability for rent ends in xxxx date.

Guest101

And what their offer is to you to cancel the contract. How much are they paying you in compensation?

martindow

You have had an offer accepted to buy a house. Until you have exchanged there is no certainty that the sale will go through or when you will complete.

It may be that you could get things done quickly to move in November, but it could take much longer, not happen until next year or fall through altogether. You need to leave your options open.

Yorkie1

Wait until you have exchanged on your new house and know your definite completion date.

Then you are safe to start negotiating. Just because the LL has purported to serve a valid notice requiring you to be out by an ineffective date, doesn't mean you have to respond immediately and either comply or point out the legal difficulties he has.

As others have said, you might also be able to negotiate something from the LL e.g. guaranteed full deposit return, or moving costs, for agreeing to go earlier than the law would otherwise require.

dimbo61

You hold all the cards so to speak
1 the Landlord does not know the Law
2 He/she has served an Invalid S21 and NO you do not have to leave by 1st of November
3 DO NOT TELL HE/HER THIS ( Why because if they miss the 1st November deadline they will have to wait another 2/3 months)
4 If YOU want to leave early you would have to PAY THEM the rent until the end of your contract
5 Buying a property takes time so keep quiet for the time being