Assured shorthokd break clause help ?!

[Confused77777777]

Can anyone make any sense of this please ? Does it mean that if I didn't give my 60 days notice on 22nd March, I can't do it at all ? I gave 60 days notice on 12th June but they are now (a month later) telling me I have to see out the entire 12 months contract. Which is the end of sept, unless they can find another tenant before then. However they have not made any attempt to even advertise the property since I gave notice a month ago. The break clause reads:

'The tenant shall have the right to terminate the tenancy at the end of the first 6 month period by giving the landlord not less that 60 clear days notice in writing to that effect and upon the expiration of such notice this agreement and everything herein 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 sixty days notice must expire and the end of a period of the tenancy being on the 22nd March 2017'

You could have broken the tenancy on the March date by giving sixty dats' notice prior (so sometime in January). As you haven't done this you have to stay til September, or keep paying rent til then.

That's what I was worried about 😳 But I didn't know in January that my circumstances would completely change in June.

Thank you Bishop

Unfortunately in law there's not a lot that can be done. Unless you can negotiate with landlord for a mutual break of tenancy you have to pay rent up until September.

It's a pig I know, sorry it's not better news.

And I if I can't ? They take me to court ?

They can, yes. Whilst they have a duty to mitigate costs as far as possible they can sue for rent owed, damages over and above the deposit they hold and re-advertising costs during your tenancy period.

Your best option is to try and negotiate. If there's an agency involved perhaps try the landlord direct?

Has the landlord done everything correctly? Protected deposit etc?

I think so yes, although there have been some issues with utility bills, whereby they get a bill for the whole building and split it between flats based on their own readings. I do not agree with mine at all.