Break Clause- HELP PLEASE

beccajones

I'm trying to leave my tenancy agreement. The agency has been dreadful in assisting with problems and I've had enough. After much digging about, I am concerned they are not a legitimate business. They have 3 company names, all very similar. The website for the agency that is attached to my contract is no longer on the internet.

ANYWAY,

I have rented a room in a house for 1 year and 3 months. I renewed the contract 3 months ago for a further 6 months.

The break clause states that I am allowed to hand my notice in after 3 months. My 3 months in the property will be as of tomorrow. Upon emailing my estate agents they informed me that
"If you provide notice today your contract end date will be the 31st Jan 2019 at 12pm the no less 30-day notice period will need to end the day before the next rent payment is due and cannot be 31st Dec".

I don't understand why the end date is essentially 2 months away? In the contract it states that I would have to find a replacement tenant which I understand but according to them, the placement tenant would be unable to move in until my end date which they have stated to be 31st Jan?

For those who may have a better understanding than I do, the contract states the following:

19. TERMINATION

19.1.This agreement may be terminated by the serving of written notice as outlined in the clauses below, provided always it is understood that:
(i) up to the time of the termination the Gust shall pay the rent and observe and perform the Guest obligations contained in this Agreement and (ii) immediately on the expiration of the notice period the Gust shall give up the property with vacant possession and the Guest shall cease but without prejudice to the rights and remedies of either party again the other in respect of any claim or breach of obligation arising from the Agreement.
19.2.The Guest may terminate this agreement from the 3rd month by giving 30 days’ notice (45 days’ in December and January) in writing. Such notice must end on the day before the rent is due. The Guest will be legally responsible for finding a suitable replacement. £200 Early Termination Charge will be applied to cover the administrative support. If the Guest vacates the Property prior to the end of the Termination and fails to find a suitable replacement, the Guest will remain liable to pay Rent until the Term expires or the Property is re-let whichever is earlier. Should the Property be re-let during the fixed Term, the Guest will also be responsible for the repayment of any pro-rata commission fees that have been or will be incurred by the Landlord for the unexpired portion of the Agreement (calculated using standard fees as agreed with the Landlord of the Rent for the fixed Term of the Agreement) and if the new Agreement is for a lesser Rent, an amount equal to the difference between the original Rent and new lower rental figure up to the end of the original Term. The Guest is also responsible for any other reasonable costs incurred from that point until the end of the Term.

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I am in way over my head- any help would be much appreciated!!!:eek:

anselld

When is next rent due?

Where did they get "cannot be 31st Dec"? Is that stated anywhere in the contract?

Can you not stay till 10 Feb when the Contract ends and avoid all the cancellation fees?

davidmcn

Looks like 30 days notice to me. Though if it's also conditional on you finding a replacement tenant, I'm not sure why they need a minimum notice period at all.

HampshireH

How much are you paying now in rent etc?
Sounds very expensive to leave early.

Would you actually be saving any money at all by terminating early?

If anything this is gping to cost you far far more especially if you cannot find a replacement

beccajones

Rent is £953- it is due on the first of every month.


Due to a breakdown of relationship, it would be best if I could terminate it early.


Nowhere in the contract does it state anything about the 31st Dec. That is what initially threw me..


Thank you all for your responses!

anselld

beccajones wrote: »

Rent is £953- it is due on the first of every month.


Due to a breakdown of relationship, it would be best if I could terminate it early.


Nowhere in the contract does it state anything about the 31st Dec. That is what initially threw me..


Thank you all for your responses!

So notice now would terminate on the 31st Dec.

Make sure you get it in 45 days in case they try to invoke the 45 days for Dec. ( though the contract is unclear if this refers to the giving or the ending of notice in Dec).

It is not clear why your three months occupation is on 10th though. Normally rent is due monthly on the same day your contract started.

beccajones

The whole contract is very unclear. It was my first tenancy agreement and only now comparing it to others can I see how lose all the terms are.


My contract started on the 11th but have always been asked to pay rent on the 1st. Not sure why!



Good point regarding the 45 days for December! Thank you!!

HampshireH

Wow expensive room. I didnt mean stay living there. I meant if it was more cost effective to keep the tenancy going then pay the rent regardless, plus the £200 fee plus all the other associated costs when you could just pay the rent only until the end without all the other fees when you may not find a replacement.

Unless you already have a replacement

Sibz

I assume you have received correspondence confirming that your deposit was placed in one of the deposit schemes? - If not you may find that will give you some leverage to get out of all the T's & C's.

I further assume that the 'finding another tenant' bit is only if you're within a new fixed term.

Is your name the sole one on the tenancy agreement? Or is your ex-partner also named on it (ie also responsible)