DH and I have a 12 month assured shorthold tenancy agreement with Landlord (LL). LL has told us he will be selling the house so we will be given 2 month's notice. We are currently in our 9th month.
We have found a house we want to move to, but our 6 month break clause says that we must give 2 months notice if we want to end our contract.
The Estate Agent for the house that we would like to move to, has advised me that the LL cannot hold us to 2 month's notice on account of the Housing Act of 2004 which says that tenants need only give one month's notice.
However, my reading of the situation is that we are in a fixed term contract so are liable to for the full 12 months unless we utilise the break clause and then in that case we have to give 2 month's notice.
Am I wrong? Does the break clause effectively negate the fixed term element of the contract such that we now only need to give 1 month's notice?
I would be very grateful for any advice on this matter! thanks!!
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Does a 6 month break clause in a 12 month ASTenancy contract mean that it is no longer a fixed term contract after the first 6 months have passed?
6 replies
Alliwantisaroomsomewhere · 23/09/2011 17:56
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