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SASH_Law
SASH_Law, Lawyer
Category: Property Law
Satisfied Customers: 1174
Experience:  LLB (Hons)
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We had a break clause in our contract where we could break

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We had a break clause in our contract where we could break our clause after four months giving two months notice. We had been very clear from before signing, and after that we were only staying for 6 months total (effectively serving 6 months notice) The estate agents are now claiming that we served two months notice after 5 months and that we are now required to pay for the last month, where we will be vacant from the apartment and not living there at all.
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: at this point, we have not. We are both international students and leaving the country next week.
Assistant: Where is the apartment located?
Customer: West Ealing, London
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so. I'm not sure what other information will be relevant.

Hi, I'm Lea

How long was the original contract for? Do you have a copy of it? If yes, please attach using the paperclip.

Customer: replied 4 months ago.
The contract was for twelve months despite us asking for a six month contract. I'm on my phon urrently i will switch to computer and send the copy of the co

Okay, I will await that.

Customer: replied 4 months ago.
Has it gone through?

bear with me whilst I review it

What date did you provide notice?

Customer: replied 4 months ago.
We told them we were leaving at 6 months before and just after signing
Customer: replied 4 months ago.
THey claim that it is on the 24th of June

Did you put your notice in writing? Or is that the reference to 24th June?

Customer: replied 4 months ago.
We have emails stating our intent to leave after 6 months, but this was not considered notice because it was not after 4 months of living here.
Customer: replied 4 months ago.
The 24th of June, we asked about what we needed to do to leave our keys, since we hadn't heard anything from them, and this was considered our notice from their perspective.

Yes, that is the issue, that you were not able to give notice until May, which would have allowed you to leave on 31st July. If you gave notice according to what they state, i.e. on 24th June, it is not effective until 31st August.

I am sorry this is likely not to be the news that you wanted, but it is accurate according to the law of contract. Your contract states that written notice must be given after the first four months.

You could try to negotiate with them, perhaps by offering to split the difference for the last month - but they are entitled to insist on the notice period which both parties signed and agreed to.

Please accept and rate positively using the five stars at the top of your page. You will be able to ask follow on questions thereafter.

SASH_Law and other Property Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you for the clarification! That was not made clear at the beginning of the lease, but your advice is very much appreciated!

You're welcome.

I hope it works out well for you.