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Landlord using break clause...
RWinter1993
Posts: 29 Forumite
Hi all,
My sister has just moved into her first home, 2 months into her contract her landlord has decided to use a break clause to end the tenancy for 'personal reasons' (after sis has forked out for furniture and spent the last 2 months cleaning the filthy house and garden).
In her contract it states at 4 months she is allowed to give notice to break the tenancy or the landlord can break it before 6 months. So the landlord is saying she can't move out until October as that's 6 months in.
She is obviously very upset, especially as it took her 4 months to find the house in the first place. Has she got any leeway? Can she move pre-october if she finds somewhere as it's the landlord making the decision? Also does the 6 month section 21 notice apply when there is a break clause?
I can try and find out the exact wording of the agreement and exactly what notice has been served if that helps!
My sister has just moved into her first home, 2 months into her contract her landlord has decided to use a break clause to end the tenancy for 'personal reasons' (after sis has forked out for furniture and spent the last 2 months cleaning the filthy house and garden).
In her contract it states at 4 months she is allowed to give notice to break the tenancy or the landlord can break it before 6 months. So the landlord is saying she can't move out until October as that's 6 months in.
She is obviously very upset, especially as it took her 4 months to find the house in the first place. Has she got any leeway? Can she move pre-october if she finds somewhere as it's the landlord making the decision? Also does the 6 month section 21 notice apply when there is a break clause?
I can try and find out the exact wording of the agreement and exactly what notice has been served if that helps!
0
Comments
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There is far too little information for people to comment usefully. If possible get your sister to come on here herself.
Which country?
When did the contract start and for how long?
Did LL serve notice on your sister before she moved in advising that it was/is his primary residence?
Under what part of the Act is the LL giving her notice?
Does your sister have any basic understanding that notice given does not require her to move out? Only the courts can order that and it could take a year to get that far?If you've have not made a mistake, you've made nothing2 -
Please quote EXACT wording of both (tenant and landlord ) break clauses.
Highly unlikely to be valid. Sister (IE sister rather than you ) should 'phone free Shelter helpline 0808 800 44442 -
If the notice to leave was given today (1st June) then 4 months notice would be needed. If before this that it would be 6 months.1
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Perhaps the Sister is one of those people whoRAS said:There is far too little information for people to comment usefully. If possible get your sister to come on here herself.
Which country?
When did the contract start and for how long?
Did LL serve notice on your sister before she moved in advising that it was/is his primary residence?
Under what part of the Act is the LL giving her notice?
Does your sister have any basic understanding that notice given does not require her to move out? Only the courts can order that and it could take a year to get that far?
Abides by agreements she makes
Is disinclined to have bad references
Is not inclined to have a CCJ against her name for the eviction costs0 -
You only get a 'CCJ', as you call it, if you don't pay money ordered by the court.Jumblebumble said:
Perhaps the Sister is one of those people whoRAS said:There is far too little information for people to comment usefully. If possible get your sister to come on here herself.
Which country?
When did the contract start and for how long?
Did LL serve notice on your sister before she moved in advising that it was/is his primary residence?
Under what part of the Act is the LL giving her notice?
Does your sister have any basic understanding that notice given does not require her to move out? Only the courts can order that and it could take a year to get that far?
Abides by agreements she makes
Is disinclined to have bad references
Is not inclined to have a CCJ against her name for the eviction costsNo reliance should be placed on the above! Absolutely none, do you hear?0
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