Are you moving to Germany?
I’m sorry to have to tell you that any amendments to the lease will need to be in writing and they would normally be attached to the lease. If this ended up in in court, he would simply deny ever having told you that you could give two months notice any time.
The same thing applies to the consent to register a company the address, that consent would need to be in writing.
However, I would not one moment suggest that you register the limited company at what would be potentially a temporary address and it would be better to use, for example, your accountants address.
It appears that the landlord has a shop operator and knows all this and has done it to trick you.
It is a pity that you did not take advice on this because the correct way of dealing with this would have been a three-year contract at a fixed rent with a rolling 2 months break notice period after the end of the first six-month period the right to break every six months 2 months prior notice.
As it is, you have a tenancy agreement for three years and you are bound to pay the rent for three years or, if you move out, until the landlord gets another tenant. He is duty-bound to try to get another tenant. However there is nothing to stop you looking for another tenant and when you have found one, giving tenants details to the landlord and vice versa.
If you had a reply from him, to the email you sent asking for the clause to be put in the lease, that would be sufficient for the purposes that you are looking at to prove that he did agree the break clause..
If you are both moving to Germany, it would really be impractical for the landlord to pursue you in another country for money which he alleges you owe in respect of rent. If one of you is staying, that might not be particularly practical although the landlord will have do find out where your partner has gone to.
There may be something to assist you and that is the fact that you have not been able to get the landlords information. If the landlords address is the address of the property, then the tenancy agreement is not enforceable and you can walk away. The landlord must give an address where you can contact him. It must be a physical address, not a PO Box although it can be the agents address, just not the property address which is what many landlords do.
I’m assuming also that the landlord gave you and the Energy Performance Certificate, Gas Safety Certificate, Tenants Deposit Scheme details and a booklet entitled How to rent, the Checklist for renting in England, which is this document. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/496709/How_to_Rent_Jan_16.pdf
he only has to give you a copy of or a link to that booklet in respect of rentals entered into after 1 February 2016.
As you will read, on page 5, if the landlord doesn’t provide those documents, they cannot evict you. By the same token however if he hasn’t given you the documents, you can simply walk away.
If he has not protected the deposit in a tenants deposit scheme you can take the landlord to court and claim to 3 times the deposit back from him plus the return of the deposit.
I’m giving all this latter information because there may be something very has done which might make the tenancy unenforceable.
Can I clarify anything for you?
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We can still exchange emails if you wish.
You are missing: Energy Performance certificate, Gas Safety Certificate, Tenants Deposit Scheme details.
Each is a separate document.
However, you have just mentioned something which may change of the above and that is that the let appears to be not to you two individuals but your limited company. If that’s the case, then NONE of the above applies. It only applies if it was rented to individuals which is what you said in your initial question, “we are 2 tenants etc”.
If it is the case that you are not tenants but your limited company has the tenancy then you are merely occupiers but, you have no personal liability, the liability is that of your limited company.
If you have not signed personal guarantees, you can tell the landlord that if he wants to enforce this, you will just move out and the limited company would have no alternative but to fold. If you do, he could give you notice to quit that you want anyway.