Is this a break clause please?

lizeta

yes we moved out early at the landlords request (a month earlier than required by the section 21)
our deposit is protected. The temporary accommodation is not long term and we require long term. We had literally nowhere to go. I live with my husband, 2 children with Asperges and my mother and father in law. We moved 2 houses into 1 when we first moved with this landlord as it was suitable and long term, I understand circumstances change but they put us through a lot of unnecessary pressure and stress throughout the whole section 21 thing. Every day for a week the landlord changed his mind on terms for moving in, dates to move.

pmlindyloo

lizeta wrote: »

yes we moved out early at the landlords request (a month earlier than required by the section 21)
our deposit is protected. The temporary accommodation is not long term and we require long term. We had literally nowhere to go. I live with my husband, 2 children with Asperges and my mother and father in law. We moved 2 houses into 1 when we first moved with this landlord as it was suitable and long term, I understand circumstances change but they put us through a lot of unnecessary pressure and stress throughout the whole section 21 thing. Every day for a week the landlord changed his mind on terms for moving in, dates to move.

A section 21 is a notice for possession and, in fact, you did not have to move out by the date. The LL would have had to go to court to get a possession order and even then you could have stayed until they went back to court for a bailiffs warrant.

So, you have saved your Ll a lot of hassle.

I would not deal with the letting agent. I would communicate directly with the LL.

Write and explain that you have found the perfect property which is long term, suitable for your extended family blah blah blah and wish to move on the .......

Then say that you would be grateful for the surrender of the property (you MUST get this in writing) so you can take up this opportunity. Continue with a reminder that you were extremely accommodating previously in allowing him to move back into the previous property without having to go through the court procedures and you hope that he will extend the same courtesy.

Then it will be about negotiating.

If there is a blank refusal then you could just give notice and leave and then face any potential consequences.

Good luck!

G_M

Originally Posted by lizeta
....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....

theartfullodger wrote: »

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

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

Either
1) the tenancy agreement describes elsewhere the crcumstances in which the contract can be ended early, in which case find and quote that clause, or

2) it does NOT mention it elsewhere, in which case this clause is redundant and should be ignored.