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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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Our tenancy agreement stated that we can break out tenancy

Customer Question

Our tenancy agreement stated that we can break out tenancy if we provide 2 months notice, given that we provide evidence that we wish to purchase a property to our landlord. We E-mailed our landlord asking if he would allow us to break it with a 2 month notice period, given that we are moving country, he agreed to this via E-Mail also, even wishing us the best. After speaking to his letting agency he has had a change of heart, would we legally be allowed to hold him to his original agreement?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What type of contract do you have please?
Customer: replied 3 years ago.

We can't seem to find the original contract, we just have the memorandum, however I am pretty sure it is a fixed-term Assured Shorthold Tenancy Agreement.

Expert:  Jo C. replied 3 years ago.
I presume the break clause is at the half time point?
Customer: replied 3 years ago.

I've attached the memorandum of renewal that we signed, the only break clause is the one stipulated about a house purchase.

Expert:  Jo C. replied 3 years ago.
Thanks.

I am struggling to open that on my ipad. I will be at a fixed PC a bit later if thats OK?
Customer: replied 3 years ago.

I just realised that the landlord didn't technically agree, he sent the following:

 

"Dear XXXX & XXXX

 

Many thanks for advising that you wish to terminate the tenancy agreement by providing two months notice.

 

Please let me have a date when you wish to vacate in order that Hamptons are able to arrange to market the flat and arrange viewings.

 

We wish to wish you both all the very best for the future.

 

Best wishes

 

Bob"

 

I have found the original contract now, it is definitely an Assured Shorthold Tenancy Agreement. I would be interested in knowing if there is any way we can break it early still. I can send you the contract and memorandum via E-Mail if that is easier?

 

 

Expert:  Jo C. replied 3 years ago.
You can but that will slow us down.

Is it possible to just tell me what the AST says on the point of break clauses. It will just be one paragraph.