In the proverbial ...

[Scott330ci]

Hi Guys I need some help

I have a flat which I started to rent on the 28th Feb.

Within the contract was a 6 month Break Clause.

Now I have recently lost my job (this Friday) and will be moving back in with the 'rents. So as I assumed. At the end of the 6 months 28th Aug I am entitled to give 30 days notice.

Apparently not, the 6 month break clause actually means 7 (?????) and I can only give in my notice period at the 28th Sept?

WTF?

Thanks for your help

[Custard Test]

I have the same contract for my place and am of the understanding that you can give your months notice any time after the 6 months but not before.

[Scott330ci]

i.e on the 29th august having served 6 months

[Custard Test]

Scott330ci said:

i.e on the 29th august having served 6 months

Yep, that is what I think. I would question what they have said to you (And re-read your contract).

[fivesixseven8]

If it's a standard assured short hold tenancy then you can serve notice of 2 months from 4 months onwards, thus a total tenancy of 6 months. Any contract clause which detracts from this is invalid and not worth the paper it's written on.

Speak to your local CAB.

[Scott330ci]

This is the clause

[Scott330ci]

Anyone?

[JayBM]

I can't say how legitimate the clause is but I believe the use of the word "expire" is key. This would suggest that you can submit your notice at any point you like but you can't exit the contract until the 28th September. I.e. you can submit your notice now but it would need to state that you intend for the rental to end on the 28th September!

[Custard Test]

Scott330ci said:

This is the clause

Ok, reading it It comes across that the 1 months notice you have to serve can be served at the 6 month point therfore you will have to pay 7 months rent (Not a lawyer or by any means and expert but that is how i read it).

[Scott330ci]

Indeed so did I.

I am more than willing to pay up the 7th Month but I need to go on the 28th September.

[illmonkey]

The 30 days can expire on the 28th Sept, so you need to hand it in 28th Aug...

[fivesixseven8]

Read my post. Anything in a tenancy contract that detracts from your statutory rights is not enforcible. I've been through this exact position before! We wanted to move out at 6 months (so 4 months plus 2 months notice), contract tried to say that we could only give notice at 6 months. The LL threatened court. We said go ahead!

Seriously, call your CAB if you don't believe me!

[davemac250]

fivesixseven8 said:

Read my post. Anything in a tenancy contract that detracts from your statutory rights is not enforcible. I've been through this exact position before! We wanted to move out at 6 months (so 4 months plus 2 months notice), contract tried to say that we could only give notice at 6 months. The LL threatened court. We said go ahead!

Seriously, call your CAB if you don't believe me!

He is right and any agency/landlord that doesn't know this needs to look it up pretty quickly.

Regulations changed in 2006 (IIRC) and tidy up all these little loopholes to garner longer rents.

CAB is the place to go.

I am speaking from the landlord side.

[Custard Test]

davemac250 said:

fivesixseven8 said:

Read my post. Anything in a tenancy contract that detracts from your statutory rights is not enforcible. I've been through this exact position before! We wanted to move out at 6 months (so 4 months plus 2 months notice), contract tried to say that we could only give notice at 6 months. The LL threatened court. We said go ahead!

Seriously, call your CAB if you don't believe me!

He is right and any agency/landlord that doesn't know this needs to look it up pretty quickly.

Regulations changed in 2006 (IIRC) and tidy up all these little loopholes to garner longer rents.

CAB is the place to go.

I am speaking from the landlord side.

Sounds like they know what they are talking about Scott so ignore what I said (Useful for me to know that as well so thanks, that was my learning of the day).

[Scott330ci]

Right

Just spoken to another Lady and Pretended to be someone else.

She confirmed what I thought - must serve minimum of 6 months.

This is fine for me. So I then told her who I was etc.

Hand in notice 27th Aug - Leave on the 27th Sept - This is fine for me as I am on holiday from the until Sept 1st then I can start moving out.

Thanks for your help guys.

Purely because a dozy bint is clueless ......

[Scott330ci]

Draft Termination Letter anyone???

[Zod]

You could have given notice last month and been out at the end of this month. Just give notice in the next two weeks.

[difontaine42]

fivesixseven8 said:

If it's a standard assured short hold tenancy then you can serve notice of 2 months from 4 months onwards, thus a total tenancy of 6 months. Any contract clause which detracts from this is invalid and not worth the paper it's written on.

Speak to your local CAB.

This is what I thought. I rent out a house using the same contract and understand this is the standard!

[fivesixseven8]

Scott330ci said:

Draft Termination Letter anyone???

Dear LL,

Please take this as formal notification that as of <DATE> I am serving my notice on <Address>. My moving out date will be: <DATE>

Love and kisses,

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