Assured Shorthold tenancy agreement - twelve month tenancy 08/02/13 - 07/02/13 although landlord requested that a break clause at 8 months with 2 months notice be entered into the contract.
Don't you want to give 2 months notice?
Was it is the AST that the property wouldn't be marketed while you were in it?
From the beginning prior to signing - it was agreed (via email) the house would be removed from market. This was also confirmed by the landlord in his email to myself when i complained of the interruptions
The landlord knew my intentions would be to stay and renew as i have always lived in properties from 4 - 8 yrs before leaving.
I cant settle in properly as from day one theres been issues and therefore as he has be untruthful on email i wish to have nothing more to do with him and move on as soon as possible.
There's nothing in the AST re marketing the house
I only have to give one months notice.
In which case,the landlord is entitled to one month's notice.
Unless there wasa provision in the tenancy agreement that the property would come off themarket, it is unlikely to be unenforceable. Of course, you can always move outof the property and of the landlord keeps your deposit in respect of rent ordecides you to sue you for rent you can defend his claim on the basis of thebreach of contract.
It is not onethat I think you would have any certain tea of winning I am sorry to have totell you.
For the sake ofone month, having been in the property for 14 months already, do you reallywant the grief and uncertainty?
Does that answerthe question. Can I assist any further?
I am happy tofollow up any individual point you make
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Sorry - i typo'd
Start 08/02/13 - ive been here for 4 months.
I cant give my 1 months notice until month 7 (one month before the 8 month break clause)
Give notice now, tomake sure that it isn't late.
My answer howeverremains the same it's just that you have more rent at risk of the landlorddecides to sue you because he is entitled to 4 months rent or rent until hegets a new tenant if earlier.
It isn't one thatI would risk going to court on.
Sorry Iappreciate that this is not the answer you wanted but there is no point in memisleading you and I am sure you would rather I was straight and tell you whatyou want to hear.
So there would be no grounds of breech of contract under:
i) Tenant shall peaceably hold and enjoy the property during the tenancy without any lawful interruption by the landlord
ii) Failing to meet clause 2.3 - The deposit will be submitted for protection by the DPS by the Landlord within 14days of receipt - he submitted 30days later.
A breach in those circumstances doesnt "strike to the heart of the contract" so you couldn't cancel.
By all means try and if he feels differently he will have to sue you and you will have to defend it