Break Clause used, incur Deed of Surrender Charges??

RAS

cimla wrote: »

Hi G_M,

Thanks for your reply.

Regarding the break clause it states:

"Special conditions:Both the tenant and the landlord can give two months notice from the 4th month."

That is the only reference to a "break clause".

Under a heading "charges and extra fees"

So does the bit about fees come immediately after the section on the break clause (or as a subsection)?

Or is this taken from a completely different section of the agreement?

G_M

jjlandlord wrote: »

[deleted following G_M's post as I had read too quickly]

The issue is that the clause does not say what the effect of that notice might be...

True. But I believe the intention is clear, and any conclusion by a court other than that the 2 months notice was to bring the tenancy to an end would be very strange.

Though courts do periodically reach strange conclusions!

G_M

cimla wrote: »

...
I will be putting my notice in, in one week i shall send a copy to the agency and landlord. I will then question these charges and the break clause to see what answer they have.

Let us know what they say.

And what you then decide to do..:beer:

cimla

RAS wrote: »

So does the bit about fees come immediately after the section on the break clause (or as a subsection)?

Or is this taken from a completely different section of the agreement?

No the bit about fees is an extra page right at the back after the signature and date bit. Yes taken from a completely different section of the agreement.

stevenrmellor

Can somebody clear up for me

If the boot was on the other foot and I was served notice at 4 months and given 2 months to get out, would the landlord owe me a deed of surrender charge?

given the excessive cost of moving in (reference fee & admin fees) surely I would be due something back if they pull the rug on me?

the document is supposed to be fair to both sides and not be more lenient on one party of the document - therefore I could expect this payment?