The back story behind why is a long and emotional one and would be best suited for another thread.
Currently living in Australia and this weekend made the tough call that we have no other choice but to return to the UK. Its just untenable.
We let out our property (privately to an estate agent couple who came to value it - they've since separated so its just one Tennant now) before we left on 25.08.2022.
The ATS was for 2 years with a one year break clause:
"Landlord Break Clause at twelve months Notwithstanding the fixed Term as stated in Clause 4 of The Main Terms of the Tenancy above the Parties hereby agree that this Agreement may be terminated on or after 25/08/2023 by the Landlord giving to the Tenant at least two months’ prior notice in writing or such notice period as required by legislation at that time (whichever is the longer). The notice is to be served as set out in Clause 5.2 of Schedule 3 above to the address of the Premises as shown in this Agreement. At the end of such notice the Tenancy shall end and all obligations and responsibilities shall cease; subject nevertheless to any claim by either Party against the other in respect of any breach of any of the terms and conditions of the Agreement.
Should the Tenancy be terminated on a date which is not the last day of a Rental period then the Tenant’s obligation to pay Rent shall cease on the termination date and the Rent payment will be apportioned accordingly"
We plan to leave Oz September and none of our belongings will arrive until early November and in an ideal world, we would like to end the agreement end of October 2023 but understand that he might look for somewhere sooner and this would would mean the rent is on us. With all that in mind, would it be legal and reasonable to give him a heads up this week of our intensions? As I interpret the clause, so long as we give 2 month notice anytime after that date we can have our home back? It's a risk I appreciate but I also don't want to do the right thing having been a renter for years myself. My husband has interpreted this as we should have given 2 months notice in June and that he would have to be out end of August.
Thanks for your patience and reading through. Appreciate all your extra knowledgeable brains :)