Sixth month break clause causing confusion! Do we have a leg to stand on?

Question

We want to move out of our flat and have a 6th month break clause, which we assumed meant that we could terminate the contract after 6 months. We phoned are landlord in the 7th month and she said that was fine, so we put a deposit down on a new flat. When she went to see the estate agent to put the property back up for rental they said we had to give notice in the 5th month to get out on the 6th month. It does not say that on the contract it says this 'The tenant shall have thr right to terminate the tenancy at the end of the first six month period by giving the landlord not less than 30 days notice in writing to that effect and upon the expiration of such notice this agreement and everything herein contained shall cease and be void subject nevertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained. The period of 30 days' notice must expire at the end of a period of tenancy being the 23rd of the month' Can anyone help?

We have given the landlady 30 days notice. In my mind i thought a sixth month break clause meant after sixth months you could give 30 days notice and leave. Our landlady is now being very unreasonable and our water pump that pumps out the hot water has now broken and she won't sort the problem out till Saturday. So we are a week without water. She has just been round the house and started shouting at us telling us we were ungrateful. Very odd situation considering she is meant to be a professional Landlady. Any other advice greatly appreciated.

Sorry to add more details. In respone to those who say the agreement is between ourselfves and the landlord I agree. However before she spoke to the estate agent she said it was fine, hence why we put the deposit down on the new flat, now, after speaking to the estate agent she has decided it is not alright and is making things very difficult for us. Thank you for all your answers so far very helpful.

Answer 1

Whilst the Estate Agent is technically correct in their statement, they are omitting a critical fact. The parties to an agreement can ALWAYS terminate the agreement by mutual consent. The Estate Agent is NOT a party to the agreement -- they are merely the landlord's agent -- and can NOT stand in the way if the landlord and tenant mutually agree to terminate the agreement.

If you and your landlord still agree to terminate the agreement, a simple statement as follows signed by both parties will suffice:

"With reference to the tenancy agreement dated , entered into between and it is mutually agreed between the parties that this agreement shall terminate early on without penalty to either party. All other terms of the agreement remain in full force and effect."

If the Estate Agent raises any objections to this, the landlord should simply tell them to STFU and abide by her wishes.

ANY contract can ALWAYS be modified or cancelled by mutual agreement between the parties concerned.

Answer 2

Just as you have an agreement with the estate agent, so does the property owner. You are right in stating that the tenancy agreement has a 6 month break clause - so why wait until the 7th month, when the all important 6 month point has passed. The agreement says that you can give the property up after 6 months, provided you have given 30 days notice. Unfortunately you haven't.

You can try to reach a compromise with the estate agent, but legally they are right.

Answer 3

I would agree with you, and would have read it the same as you - ie. you can give 30 days notice after the 6 month period. I would put the ball back in their court and ask where in the agreement it says otherwise, because that statement certainly doesn't!! If they cant come up with anything I would say you have given proper notice and should expect your deposit back.

And is the agent so bad they can't find another tenant for the Landlord? What is their problem here?!

Answer 4

I agree with the first answerer. Regardless of what the Estate Agent says, the Agreement is between you and the LL. If she agreed to your leaving and both parties are happy, the Agent has nothing to do with it.

Answer 5

Six Month Break Clause

Answer 6

What was agreed between you and landlord is correct

It has nothing to do with the letting agent