Break Clause Query

vixen1980

Hi, I have been renting from the same private landlord for last 8 years and we both sign a set every 6 months.

The ast has a break clause saying the tenant can bring the tenancy to an end with 1 months notice but I earlier than the commencement date or within 6 months of the date of the agreement.

What I am confused about is does this mean the break clause resets with each new contract or 1 month from when I first signed 8 years ago.

The landlord no longer puts the deposit figure on the contract or their address (so I don't have an address to serve written notice to)

Due to work I've got to relocate and have therefore brought a house on the other side of the country.

Thanks

00ec25

vixen1980 wrote: »

Hi, I have been renting from the same private landlord for last 8 years and we both sign a set every 6 months.

The ast has a break clause saying the tenant can bring the tenancy to an end with 1 months notice but I ? do you mean "not" earlier than the commencement date or within 6 months of the date of the agreement.

What I am confused about is does this mean the break clause resets with each new contract or 1 month from when I first signed 8 years ago.

The landlord no longer puts the deposit figure on the contract or their address (so I don't have an address to serve written notice to)

Due to work I've got to relocate and have therefore [STRIKE]brought[/STRIKE] bought a house on the other side of the country. (unless you did indeed bring a house across from the other side of the country? Was its move expensive )

Thanks

so you have signed a new tenancy agreement every 6 months. Each agreement has had a 6 month fixed period and then that agreement expires naturally at the end of 6 months and has been replaced with a new one starting again from zero

sounds like the break clause is utterly irrelevant in the context of a tenancy where both parties agreed to a 6 month fixed term, but for the sake of clarity, please quote the exact wording of the clause and the start and end date of the current agreement

vixen1980

The exact wording is as above with the exception of no instead of I in the typo!

the tenant can bring the tenancy to an end with 1 months notice but no earlier than the commencement date or within 6 months of the date of the agreement.

Start date was August 2017 (job offer came just after signing was unexpected) no end date just six months from this date.

Not sure if it has any bearing but I don't believe my deposit has ever been protected had no information that should have been provided and is not found on any of the deposit scheme searches.

saajan_12

vixen1980 wrote: »

Hi, I have been renting from the same private landlord for last 8 years and we both sign a set every 6 months. - I take it you mean you renew with 6 month long fixed terms?

The ast has a break clause saying the tenant can bring the tenancy to an end with 1 months notice but I earlier than the commencement date or within 6 months of the date of the agreement. -do you mean 'not earlier'? Then sounds like the 1 mth notice can't be served within 6 months of that agreement, so effectively until the fixed term ends making the BC redundant.

What I am confused about is does this mean the break clause resets with each new contract or 1 month from when I first signed 8 years ago. - quote the exact terms if you want us to interpret them! Sounds like the BC resets with each new contract, and is rather redundant if the fixed term is only 6 months and you can't serve notice under the BC before that anyway. If you don't renew you can leave at the end of the fixed term anyway or by giving 1 months notice afterwards (unless your agreement specifies a CPT.. please quote!

The landlord no longer puts the deposit figure on the contract or their address (so I don't have an address to serve written notice to)- Were you initially given the address in writing (e,g, on the origninal agreement)? The tenancy is the same as you have remained in occupation, so I imagine you can still assume the original address for serving notices until they write to you to change it. Regardless, have you requested the address? If you have never had it in writing, you can withhold rent, but must the back rent when its provided.

Due to work I've got to relocate and have therefore brought a house on the other side of the country. - how far along the process are you? Buying a house can take 3-6 months,
plenty for your fixed term to run down. Just don't renew and go onto periodic so you can give notice.
Thanks

You can
1. leave without notice at the end of your 6 months
2. Not renew again and leave with one periods notice (unless specified otherwise in your latest agreement)
3. Discuss with the LL / agent to negotiate an early surrender at a mutually convenient time in return for e.g. accommodating viewings etc. It would make little difference to the LL if you leave now or in a couple of months unless there's a peculiarity with the market in your area now / specific circumstances.

vixen1980

saajan_12 wrote: »

You can
1. leave without notice at the end of your 6 months
2. Not renew again and leave with one periods notice (unless specified otherwise in your latest agreement)
3. Discuss with the LL / agent to negotiate an early surrender at a mutually convenient time in return for e.g. accommodating viewings etc. It would make little difference to the LL if you leave now or in a couple of months unless there's a peculiarity with the market in your area now / specific circumstances.

Hi,
I need to relocate within next 4 weeks so regardless of whether I need to pay remainder of rent for the rest of tenancy I will be leaving the property.

Yes the landlords address was on original contract but I know they have moved away in the subsequent years and have not provided their new address.

00ec25

vixen1980 wrote: »

The exact wording is as above with the exception of no instead of I in the typo!

the tenant can bring the tenancy to an end with 1 months notice but no earlier than the commencement date or within 6 months of the date of the agreement.

Start date was August 2017 (job offer came just after signing was unexpected) no end date just six months from this date.

sorry but that does not make sense, an AST agreement must have an end date otherwise it is not "shorthold". Where exactly does it say "just 6 months from this date". please quote the full exact clause

on the face of it you have a current agreement running from (day?) in August 2017 to (day - 1) January 2018 and cannot leave before that date as that is the 6 month fixed term

vixen1980 wrote: »

Not sure if it has any bearing but I don't believe my deposit has ever been protected had no information that should have been provided and is not found on any of the deposit scheme searches.

if you wish to negotiate an early termination it will not be because of the break clause, it may be because you "persuade" the LL to let you go. Your approach can either be confrontational because of the lack of deposit protection and therefore your ability to sue the LL for the mandatory compensation, OR, you can try a friendly approach given you have been there 8 years and the LL has "done well" out of you

vixen1980

It says Term: For the term of six months.

Commencing: 1.8.2017

I agree it seems most likely I will be liable for the remainder of the term however I just wanted any other thoughts.

Obviously I'm not going to start with a confrontational approach however if the lack of deposit protection will give me leverage should negotiation be unsuccessful of course I will use as necessary.

G_M

Meaningless BC in this context.

Probably cut and pasted from somewhere, or a 12 month agreement has been poorly adapted for a 6 month term.

Ignore the BC.