Break Clause help

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beccajones	Saturday 10 November 2024 6:22:37 pm I'm trying to leave my tenancy agreement. The agency have been dreadful in assisting with problems and I've had enough. After much digging about, I am concerned they are not a legitmate business. They have 3 company names, all very similar. The website for the agency that is attached to my contract is no longer on the internet. ANYWAY, I have lived in the room for 1 year and 3 months. I renewed the contract 3 months ago for a further 6 months. The break clause states that I am allowed to hand my notice in after 3 months. My 3 months in the property will be as of tomorrow. Upon emailing my estate agents they informed me that "If you provide notice today your contract end date will be the 31st Jan 2019 at 12pm the no less 30-day notice period will need to end the day before the next rent payment is due and cannot be 31st Dec". I don't understand why the end date is essentially 2 months away? In the contract it states that I would have to find a replacement tenant which I understand but according to them, the placement tenant would be unable to move in until my end date which they have stated to be 31st Jan? For those who may have a better understanding than I do, the contract states the following: 19. TERMINATION 19.1.This agreement may be terminated by the serving of written notice as outlined in the clauses below, provided always it is understood that: (i) up to the time of the termination the Gust shall pay the rent and observe and perform the Guest obligations contained in this Agreement and (ii) immediately on the expiration of the notice period the Gust shall give up the property with vacant possession and the Guest shall cease but without prejudice to the rights and remedies of either party again the other in respect of any claim or breach of obligation arising from the Agreement. 19.2.The Guest may terminate this agreement from the 3rd month by giving 30 days’ notice (45 days’ in December and January) in writing. Such notice must end on the day before the rent is due. The Guest will be legally responsible for finding a suitable replacement. £200 Early Termination Charge will be applied to cover the administrative support. If the Guest vacates the Property prior to the end of the Termination and fails to find a suitable replacement, the Guest will remain liable to pay Rent until the Term expires or the Property is re-let whichever is earlier. Should the Property be re-let during the fixed Term, the Guest will also be responsible for the repayment of any pro-rata commission fees that have been or will be incurred by the Landlord for the unexpired portion of the Agreement (calculated using standard fees as agreed with the Landlord of the Rent for the fixed Term of the Agreement) and if the new Agreement is for a lesser Rent, an amount equal to the difference between the original Rent and new lower rental figure up to the end of the original Term. The Guest is also responsible for any other reasonable costs incurred from that point until the end of the Term. --------------- Any help would be much appreciated!!!

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Message

beccajones

Saturday 10 November 2024 6:22:37 pm

I'm trying to leave my tenancy agreement. The agency have been dreadful in assisting with problems and I've had enough. After much digging about, I am concerned they are not a legitmate business. They have 3 company names, all very similar. The website for the agency that is attached to my contract is no longer on the internet.

ANYWAY,

I have lived in the room for 1 year and 3 months. I renewed the contract 3 months ago for a further 6 months.

The break clause states that I am allowed to hand my notice in after 3 months. My 3 months in the property will be as of tomorrow. Upon emailing my estate agents they informed me that
"If you provide notice today your contract end date will be the 31st Jan 2019 at 12pm the no less 30-day notice period will need to end the day before the next rent payment is due and cannot be 31st Dec".

I don't understand why the end date is essentially 2 months away? In the contract it states that I would have to find a replacement tenant which I understand but according to them, the placement tenant would be unable to move in until my end date which they have stated to be 31st Jan?

For those who may have a better understanding than I do, the contract states the following:

19. TERMINATION

19.1.This agreement may be terminated by the serving of written notice as outlined in the clauses below, provided always it is understood that:
(i) up to the time of the termination the Gust shall pay the rent and observe and perform the Guest obligations contained in this Agreement and (ii) immediately on the expiration of the notice period the Gust shall give up the
property with vacant possession and the Guest shall cease but without prejudice to the rights and remedies of either party again the other in respect of any claim or breach of obligation arising from the Agreement.

19.2.The Guest may terminate this agreement from the 3rd month by giving 30 days’ notice (45 days’ in December and January) in writing. Such notice must end on the day before the rent is due. The Guest will be legally
responsible for finding a suitable replacement. £200 Early Termination Charge will be applied to cover the administrative support. If the Guest vacates the Property prior to the end of the Termination and fails to find a suitable replacement, the Guest will remain liable to pay Rent until the Term expires or the Property is re-let whichever is earlier. Should the Property be re-let during the fixed Term, the Guest will also be responsible for the repayment of any pro-rata commission fees that have been or will be incurred by the Landlord for the unexpired portion of the Agreement (calculated using standard fees as agreed with the Landlord of the Rent for the fixed Term of the Agreement) and if the new Agreement is for a lesser Rent, an amount equal to the difference between the original Rent and new lower rental figure up to the end of the original Term. The Guest is also responsible for any other reasonable costs incurred from that point until the end of the Term.

---------------

Any help would be much appreciated!!!