Tenant agreement

Dewition

Hey!

I’ve been staying at my flat now for 7 months and when I moved in I signed a tenant agreement which I believed gave a break clause after 6 months. I would like to move out now and attempted to invoke this clause but I am being told by the letting agent that as I did not issue it on the Rent day of the 5th month I missed my opportunity....

This seems incredibly pedantic and most definitely not what I believed I was signing.

Before I get all righteous about it with the letting absent I wanted to know if I am completely off.

The clause states:

"7) Alternatively, either party may terminate this Agreement by giving two month’s written Notice to the other party and on expiry of such Notice the Tenancy will come to an end Without Prejudice to any right of action which either or both parties may have against each other for any breach of this Agreement provided that such Notice is on the fifth month rent date, i.e. not to expire before the end of the first six month period certain. Should such Notice not be received within these terms, the fixed period will remain for the whole Term as stated at 7 above and cannot be terminated before that date without the consent of both "

HampshireH

Seems quite clear. The terms state you can only invoke the break clause on the 5th month or the whole term remains

flashg67

I agree, but it doesn't (didn't) give you much opportunity though if written notice was required on the 5th month rent date

Dewition

Jeez!

Always read the small print kids.

Then reread.

And reread them again and realise that you’ve probably signed away your first born and both your kidneys.

Fair enough! Thanks for the input.