Breaking a tenancy agreement early

drc

Hi, we really want to move out of our rented flat asap as we have had one problem after the other, and our whole block has had a cockroach infestation which seems to be coming back even after treatment. We don't want to be paying through the teeth for London rent only to live in a cockroach infested flat as we also have a little baby. We have a break clause in our tenancy agreement that says "the landlord or the tenant may give one month's notice to terminate the tenancy after a minimum period of 6 months from the commencement of the tenancy". Does this basically mean that we can only move out after 7 months or does the break clause actually mean the tenancy can be broken at 6 months? We had such a clause in another contract on an old flat and were able to move out after 6 months. The thought of living here for another 5 months (we have already been here 2) fills me with dread. Also, is there anyway we could break the contract because of the recurrent cockroach problem. The infestation is originating from a flat below and the block has been treated but they are already starting to reappear and I doubt our landlord will want to keep spending money having our flat fumigated.

nikki_angel

Hey, as far as I understand it, you will be able to move out from 6 months onwards. Make sure you give your notice period as stated in the agreement so if you have 1 months notice to give, at month 5 write your letter. This is what we done when we had the neighbours from hell. We moved in the November and out in the April.

Hope this helps.

Nikki x

chocolatechipcookies

Say if you moved in January 6th and the agreement was 6 months. On June 6th onwards, you can leave.

nikki_angel

chocolatechipcookies wrote: »

Say if you moved in January 6th and the agreement was 6 months. On June 6th onwards, you can leave.

Well said!! That's what I was getting at!

sooz

Chocloatechipcookies - you are almost right.

If a 6 month AST started on 6th January, they could move out on the 5th June, and on the 5th of each subsequent month.

To the OP, you may give one months notice on the 5th (in example above) of month 5, to leave on the 5th day of the 6th month.

You may not break the contract without the landlord's agreement before hand, and you may be asked to pay the rest of the rent, or the landlord's reasonable reletting and advertising costs.

Phone your landlord, explain the situation. Ask them to speak to the managing agent for the block/building to have the whole block fumigated, not just your flat, and if all that fails, speak to enviromental health

drc

Thanks guys for all your replies.

Just to make clear, the tenancy agreement is actually for a one year period but we had a 6 month break clause written in to it (I am a pessimist at heart and expect problems) but the break clause was written in legal speak so I wasn't sure whether it meant we can give one months notice only at the end of the sixth month or move out at 6 months. It makes it sound like the former so was a bit worried.

sooz

If in doubt, and you really want to leave at 6 months, give your notice now, for the last day of month 5. You must give a minimum of one month's notice, but there is no reason why you can't give more.

Put it in writing, explaining why you want to leave, and ask for confirmation back, in writing, that your notice has been accepted.