Hi all,
Please could someone give me their input on my situation please.
We struggled to find somewhere to rent in our small village and as such have taken a smaller property as the agent verbally said it's a minimum of 6 months tenancy.
I've read through the contract and there is no reference to a break clause after 6 months, will we be forced to stay for the 12 month term?
Relevant bits and bobs from the contract:
^This is an Assured Shorthold Tenancy Agreement under the Housing Act 1988 (as amended by the Housing Act 1996).
2(e) The Deposit has been taken for the following purposes:
2(e)(2) The reasonable costs incurred in compensating the Landlord for, or for rectifying or remedying
any major breach by the Tenant of the Tenant's obligations under the Tenancy Agreement, including
those relating to the cleaning of the Property, its Fixtures and Fittings; any costs incurred by the
Landlord or the Landlord’s Agent in re-letting the Property if in breach of this Agreement the Tenant
vacates the Property prior to the end of the fixed Term unless the termination is in compliance with a
break clause; and any housing benefit which is clawed back by the local authority from the Landlord or
the Landlord’s Agent.
Term 12 MONTHS FIXED TERM
This Agreement is an Assured Shorthold Tenancy and on signing the document the Tenant will pay the following amounts of money (which have been previously notified to the Tenant.)
Initial Rent for the period from 2nd July 2014 to 1st August 2014
5.1 This Assured Shorthold Tenancy Agreement is for a fixed period of TWELVE MONTHS.
5.2 During the first TWELVE MONTHS of an Assured Shorthold Tenancy the Landlord or his Agent will give to the Tenant in writing TWO MONTHS Notice if it is his intention to repossess the Property at the end of the initial term and the Tenant will give TWO MONTHS written Notice if it is his intention to vacate the Property at the end of the initial term. Such Notice by either party must coincide with a rent day.
5.3 The Landlord and Tenant may bring the Tenancy to an end at any time before the expiry of the Term (but not earlier than TWELVE MONTHS from the Commencement Date or the Date of this Agreement whichever shall be the later) with the Landlord giving to the Tenant not less than TWO MONTHS written notice stating that the Landlord requires possession of the Premises and if the Tenant wants to vacate by giving to the Landlord not less than TWO MONTHS written notice of intention to vacate the premises with Notices being served on or before a rent date. ^
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Break Clause Advice Please
8 replies
Nix01 · 27/06/2014 10:03
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