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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My husband and I had a fixed term tenancy until February

Resolved Question:

My husband and I had a fixed term tenancy until February 2017. We had a break clause where we could give a two months' notice on June 7th 2016 to leave on August 7th 2016. We had not intended to leave, and so did not give our notice. However, a few days after June 7th we have had some terrible experiences which caused us to want to leave the neighbourhood. We have notice to our landlord on June 23rd. He agreed to let us go on August 7th if he found a tenant, failing which he would need to hold us on until he found one. He assured us that this would not happen, and so we went ahead and found a new home. He has not yet found a tenant, and wants us to pay tenancy until end of contract if he does not find a tenant until then. We cannot afford to pay rent to two homes. And are feeling helpless. Is there anything we can do?
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. What are the conditions of the break clause in your tenancy agreement?

Customer: replied 11 months ago.
Hi, the tenancy period was for 12 months, but we could leave at a 6th month period (date being August 6th) if we gave notice on June 5th.
Customer: replied 11 months ago.
we did not want to leave, so did not give notice. But then had some terrible experiences in the neighbourhood which led to our decision. So we gave notice on June 23rd.
Customer: replied 11 months ago.
Harris, when will you be able to provide an answer to my question?
Expert:  Harris replied 11 months ago.

Apologies for the delay. From the information you have given and seeing that no notice was given on June 5, the notice of June 23 should be valid so long as you follow the conditions of the break clause in the tenancy agreement and you should be able to leave by 24 August.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 11 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Customer: replied 11 months ago.
I have not found this response useful and would like to ask another question. I have paid this website a monthly fee for unlimited questions. Why then must I pay again?
Expert:  Harris replied 11 months ago.

Sorry that you did not find the answer helpful - I am happy to answer another question if it is related to this issue

Customer: replied 11 months ago.
Hi Harris - I've included below the exact text from the break Clause."The tenancy agreement is for 12 months, however the tenant shall be entitled to give the landlord notice of a period of 2 calendar months on 5th June 2016 to vacate the premises on 6th August 2016 to break the contract at six months only. Should the tenant wish to vacate at the end of the specified term he is still required to give two month's notice in writing to this effect."Could you please advise on the following question:
- as we gave notice 16 days later (on 23rd June), do we lose the right to end our tenancy before 6th Feb 2017 and therefore, are we obliged to keep paying rent until the earlier of new tenants moving in or 6th Feb '17? We have proposed to the landlord that we will pay rent for 2 months from the date we served notice. He is not accepting this despite us having moved out on 6th August and given our keys back etc, because he has not yet found a tenant.
Expert:  Harris replied 11 months ago.

From the wording of the consent order it specifically states that the only date you can exercise the break clause is on 5 June. If there is no mutual agreement between you to end the tenancy agreement now then the landlord will have a right to puruse a claim against you for tent for the remaining term.

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