Some advice on a tennancy clause in contract

St_Marco

Hi guys thanks for looking at my post.


Basically to cut a very long story short my landlord has decided to sell the property I am in and given me notice. It is an assured short hold tenancy.


There is still 6 months left on the agreed contract and we have constantly renewed for the past 6 years.


After I mentioned that there was still time on the agreement the landlord mentioned to me they are allowed to claim the house back due to this clause in the contract


"14.6 This Agreement may be terminated six months from the start of the Term by the Tenant or Landlord, provided two months prior notice is given in writing. Any such termination shall bring the Tenancy to an end, but shall not prejudice any right or remedy of the Landlord in respect of any breach of the terms of this agreement by the Tenant"


Is that enforceable/legal? As it seems to me that it is like they can use it as an excuse to get out of the contract anytime they like regardless of having an agreement.


Any advice would be greatly appreciated.


Many thanks

anselld

It is a break clause. Perfectly legal and enforceable if the correct notice is served.

Having said that, if the contract is already at month six without such notice being served then the LL is too late to exercise a six month break clause.

fishpond

St_Marco wrote: »

Hi guys thanks for looking at my post.


Basically to cut a very long story short my landlord has decided to sell the property I am in and given me notice. It is an assured short hold tenancy.


There is still 6 months left on the agreed contract and we have constantly renewed for the past 6 years.


After I mentioned that there was still time on the agreement the landlord mentioned to me they are allowed to claim the house back due to this clause in the contract


"14.6 This Agreement may be terminated six months from the start of the Term by the Tenant or Landlord, provided two months prior notice is given in writing. Any such termination shall bring the Tenancy to an end, but shall not prejudice any right or remedy of the Landlord in respect of any breach of the terms of this agreement by the Tenant"


Is that enforceable/legal? As it seems to me that it is like they can use it as an excuse to get out of the contract anytime they like regardless of having an agreement.


Any advice would be greatly appreciated.


Many thanks

It is a break clause to be used by you as the tenant or the Land Lord.
Personally, I do not have a problem with it, depending on when you were given notice?

St_Marco

Okay thanks guys I appreciate the replies.


Having checked the actual numbers there is 5 rent payments left so we are actually at month 7 now into the contract. Does this mean it has expired or does it mean notice can be served after 6 months has passed?


Many thanks

fishpond

When were you given notice to depart ?

anselld

St_Marco wrote: »

Okay thanks guys I appreciate the replies.


Having checked the actual numbers there is 5 rent payments left so we are actually at month 7 now into the contract. Does this mean it has expired or does it mean notice can be served after 6 months has passed?


Many thanks

It reads as a fixed break date. i.e. the opportunity to exercise the break has expired unless notice has already been served.

St_Marco

Yesterday so the 18th of January

anselld

St_Marco wrote: »

Yesterday so the 18th of January

Its free toilet paper then. (IMHO)

fishpond

What is the start date and end date of the 12 month AST you are currently on?

St_Marco

anselld wrote: »

Its free toilet paper then. (IMHO)

So what should I do then? I don't want to kick up a fuss but my landlords have been pretty terrible to be honest. They only contact me when they want to increase the rent. When things go wrong they become hard to contact. For example a burst water pipe took them a month to fix and they sent out a friend to do it.


If I go back and say it has passed they will become angry as they like to have everything on their own terms etc.

St_Marco

fishpond wrote: »

What is the start date and end date of the 12 month AST you are currently on?

The start date is 22nd of June and end is 22nd of june 2015.


They requested that the first month was paid in advance on the day I moved in. So Januarys payment pays for February and so on.