Tenancy Termination Notice - Please help/advise

Bill11

Hello, I am seeking some help in regards to my partner's tenancy agreement and a break clause term that effectively puts her at a huge disadvantage.
The clause says that she can give "early termination notice", which is defined as "1 month on the day the rent is due".

Her lettings agency is saying that if, she, for example, gives 1 months notice the day after the day the rent is due, then she is liable to pay rent for this month and the next month as well.

For example if her rent payment day is 9th of February, then she is supposed to give notice on the 9th February to be able to move out on the 9th of March and get her deposit back. But if she gives notice on the 14th February instead of the 9th, then she is liable to pay for February AND March and can effectively move out only on the 9th of April in order to keep her deposit.

This sounds like total non-sense to me and clearly as unfair contract term. Essentially, you are unable to move out and get a deposit back unless you give notice exactly on the day of rent is due.

Can you please advise how should we approach this situation.
Thank you.

davidmcn

A minimum period of notice is fair enough. If agreements are sensibly drafted they'd say "not less than one month's notice" so it's clear you can serve early. Nothing stopping you from serving duplicate notices on multiple days if you're in any doubt about which day is the correct one for service.

Bill11

We are concerned that if we give notice today, we will be liable for the full months rent in March, instead of only being liable for 5 days calculated pro-rata. Can they withhold the deposit and what recourse do we have?

We are looking to move in to another property in mid March and hence don't want to pay for another 4 weeks to stay in the property, when we already have another property secured.

Slithery

Bill11 said:

We are concerned that if we give notice today, we will be liable for the full months rent in March, instead of only being liable for 5 days calculate pro-rata.

Correct. It's standard in the majority of tenancy agreements.

Bill11 said:

We are looking to move in to another property in mid March and hence don't want to pay for another 4 weeks to stay in the property, when we already have another property secured.

Then you should have aligned your start date for the new property to give you less overlap.

Bill11

So are you saying that the clause is constructed in a fair way? What if I have to move, change jobs, etc all sorts of circumstances come to mind really, it means I have absolutely no redress?

Slithery

Definitely fair. The other option would be to have no break clause at all then you would be liable for rent for the entire tenancy.

Your partner signed this tenancy agreement so obviously agreed with it at the time - she can't now just change her mind because her circumstances have changed.

KiKi

What you are describing is absolutely the norm.  It's one month's notice in line with the date on the contract, otherwise you are liable for the following month's rent as well.  It's not pro-ratad, and that is very much the norm.  It might feel unfair, but the choices you make about moving away / taking a new job etc are your concern, and you need to take the date of your rental contract into account when making those decisions.

Bill11

Something else that came to light, was that at the time my partner signed  the contract, she had a verbal confirmation from the agent that she can terminate the contract any time by giving 1 months notice, and she has that on voice record. Can this amount to misrepresentation and make the contract voidable?

davidmcn

Bill11 said:

Something else that came to light, was that at the time my partner signed  the contract, she had a verbal confirmation from the agent that she can terminate the contract any time by giving 1 months notice, and she has that on voice record. Can this amount to misrepresentation and make the contract voidable?

That doesn't sound like a particularly misleading approximation of what it says.

Bill11

davidmcn said:

Bill11 said:

Something else that came to light, was that at the time my partner signed  the contract, she had a verbal confirmation from the agent that she can terminate the contract any time by giving 1 months notice, and she has that on voice record. Can this amount to misrepresentation and make the contract voidable?

That doesn't sound like a particularly misleading approximation of what it says.

At the time when she was agreeing to this tenancy, she specifically stated to the agent that she needs flexibility in moving out as this place is temporary and she doesn't want to be bound, following which she was assured that all she will need to do is give 1 month notice at ANY point of time. She relied on this statement as this was material for her to have flexibility and proceeded with contract. 

Clearly, being able to only give notice on the due date of the rent payment is not very flexible and clearly totally different from definition of "ANY" date.

Sachs

I think you're moving in to relatively complex legal territory now.

As a starting point I would send the agent a recording of the conversation and see if you can all find a compromise that allows you to leave when you want.

Having thought about it I would say that assuming the recording says what you think it does this is definitely misrepresentation. I suspect contrary to the agents industry regulation.

You should hand in your 1 month's notice with the recording of they dispute. The legal remedy for misrepresentation would be unwinding of the contract but I suspect a complaint about the agent would be a quicker, more appropriate route.