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my tenant started the tennacy March of this year. I had some work abroad and wanted to rent the house out not sure of when i would be returning. I had a clause put in the agreesment;
this was so i could tqke the property back if i returned home i needed my home back to which it was all agreed and she signed the agreedment
As i said in the message i give her 2 month notice which was fine then my local council is telling me i cant do what i am doing. Then when i spoke to Miss Dixon the tennat she told me that i had to ignore the e mails that were sent. The another e mail arrived saying i had to take Miss Dixon to court to regain possesion of my property
Are they no longer in the fixed term?
The Agreement is still running
Yes but how long was the original period for, ie 6 months?
no it was for 12 months
do you want me to send a copy
So how come you want to end it now then if the agreement was for 12 months starting on March 14?
Because i went abroad as i explained to work and my contract has ended and now need to go back to the UK and live in my house. This is why the clause i intially sent you was end incase this occured
Yes I needed to check. Its bad news though I am afraid.
You can only issue notice to leave if they have breached the tenancy or they are no longer in the fixed term
You accept that it started in March 2014 then it expires in March 2015
You ordinarily would be able to give 2 months notice, but in this case you can't force them to leave any earlier than March 2015 unless they have breached the agreement.
even with the clause
You can only evict with a Court order and on the basis there is a fixed term contract until March*****will issue this.
You are citing ground 1 - which is quite right
But you can't rely on that until March 2015
The 12 month contract HAS to expire.
You have a contract for 12 months, you can't end it early unless they are in breach
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
okay thats not good i am leaving myself homeless in that case and the agreement is not worth the paper is is wrote on with the clauses
I am sorry
The clause is not very well worded.
It should have read that the term is for 12 months, but the Landlord has an option to break after 6 months upon notice
so there is no way i can gain possesion of my home early
If you had a break clause it would have been fine.
Sadly you cant get possession early
I am so sorry
Can I clarify anything else for you today?
no as bad as it is thats great thank you
Can I help with anything else today?
no i will get back in touch in the agreement gets breeched for advice again
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