Is this a break clause please?

lizeta

I am having an issue, My landlord issued us with a section 21 and then put us into another of thier properties on a temporary basis, however we had to sign a 6 month assured shorthold tenancy agreement.
we are 6 weeks into the tenancy,But we have now found a perfect property. we have been told the landlord may not release us from the tenancy.

Please could you tell me if the following is a break clause?
Special tenancy conditions: 10.2. It is hereby agreed between parties that should either the landlord or tenant wish to terminate the tenancy in accordance with the conditions of the agreement prior to the expiry of the fixed term, the landlord agrees to refund any overpaid rent to the tenant on a pro rata basis.

term:Six calendar months subject however to any special tenancy conditions.This area is written in bold type.

theartfullodger

lizeta wrote: »

....Special tenancy conditions: 10.2.

It is hereby agreed between parties that should either the landlord or tenant wish to terminate the tenancy in accordance with the conditions of the agreement prior to the expiry of the fixed term, the landlord agrees to refund any overpaid rent to the tenant on a pro rata basis....

Without reading ALL the rest of the AST we can't work out what the bit in bold means...

However, I think it is sufficiently ambiguous that it should work in your favour...

Process: You give notice in line with tenancy agreement (2 months?) - then leave, having returned keys & taken loads of photos..

Landlord sues you for unpaid rent to the end of the fixed term, 6 months...

Judge probably rules clause unclear so should be interpreted in your favour...

lizeta

Thank you I appreciate your comment. Really not sure how to proceed with this. I'm stuck.

theartfullodger

You can but ask: Landlord may not agree, the only way to sort validity is to have it tested - either he backs down or court: That's not "stuck".

booksurr

lizeta wrote: »

Thank you I appreciate your comment. Really not sure how to proceed with this. I'm stuck.

artful (a landlord himself) explained how to proceed - give 2 months notice, leave, and take a chance (expect) to end in court where it is (most) likely you will win on the basis contract ambiguities are (normally) ruled in favour of the person who did not write the contract ie you

the alternative is to continue arguing with the LL and get no where, since their refusal is not going to magically change in the absence of a better reason, as there is nothing more can be said about what you have quoted from your tenancy agreement as giving you said reason

martindow

lizeta wrote: »

I am having an issue, My landlord issued us with a section 21 and then put us into another of thier properties on a temporary basis, however we had to sign a 6 month assured shorthold tenancy agreement.
we are 6 weeks into the tenancy,But we have now found a perfect property. we have been told the landlord may not release us from the tenancy.

Please could you tell me if the following is a break clause?
Special tenancy conditions: 10.2. It is hereby agreed between parties that should either the landlord or tenant wish to terminate the tenancy in accordance with the conditions of the agreement prior to the expiry of the fixed term, the landlord agrees to refund any overpaid rent to the tenant on a pro rata basis.

term:Six calendar months subject however to any special tenancy conditions.This area is written in bold type.

What does the bolded section refer to? It looks as if it is referring back to something else in your tenancy agreement.

davidmcn

I think the intention of the clause is just that (however the lease is ended) any overpaid rent is to be refunded, you'd still need to terminate the agreement in accordance with its conditions - so there'd need to be a break provision elsewhere.

pmlindyloo

Under what circumstances were you put into this temporary accommodation? Why did the LL issue a section 21 on your previous tenancy - were you in a fixed term or periodic previously?

Was it to get you out instead of going to court?

It might be that you could use the temporary accommodation to your advantage but you must also be aware that since you signed another 6 months fixed term then this makes you liable for the rent to the end of that time. Unusual to have a break clause to be actioned before the end of the fixed term but not impossible, especially in the circumstances.

A bit more information as to how this has arisen might give someone a clue to how you could approach the LL.

Is there a letting agent involved?

lizeta

This is the part that it is not clear, It does not refer to what it is actually referring to.

lizeta

Yes pmlindyloo there is an agent involved. The landlord issued a section 21 as he was returning from the USA and required the property back to reside in. We were in a 6 month tenancy there too. The landlord agreed to give us temp accommodation as he had another vacant property that he was still unsure what he was doing with. Both parties were under the same impression of this being temporary and so I am having difficulty understanding why they would not release us.

pmlindyloo

Did you move out to the temporary accommodation before your previous 6 months tenancy ended?

Is your deposit protected?

Just trying to think of some ways you can encourage your LL to release you early.

Is the temporary accommodation suitable for you? Were you 'coerced' into moving there?