Hi, I want to end an AST which has a break clause. We signed a 3 year tenancy as we rent with a property management company and this is their standard contract. We want to move out after 1 year and our tenancy agreement says the following:
- Tenant break clause
The total term certain of the Tenancy is a contractual requirement upon the Tenant(s). The Tenant is contractually required to pay the rent for the whole duration of the term certain.
The Tenant may terminate their tenancy at any time from the end of the initial six month period of the contract by giving two months notice in writing; (email is sufficient). This period of notice must expire on a rent day, for the avoidance of doubt this is to be the 1st day of each and every month. Therefore the earliest opportunity to serve two months notice would be the first day of the sixth month, to terminate on the last day of the eighth month. Failure to give this written notice will result in the Tenant being liable for a further two months rent until they do serve the contractually bound notice.
Should the Tenant wish to break their contract before the expiry date, they must take full responsibility for re-letting their room/flat/house, including all advertising costs. Any such action would deem the contract as being renewed and therefore subject to a rental increase. The Landlord must approve the new tenant before the new tenant moves into the property.
Am I truly responsible for the subsequent 2 years worth of rent?!? I’ve never heard of this before and from my understanding there is absolutely no point in moving if we are responsible and so we’re tied in for another 2 years. Please help!