Did I get the Mutual Break Clause wrong?

Tenant Discussion
1

Hello there,

Two days ago I gave my landlord a two months’ notice for an early termination of our lease agreement, after living here for a period of 5 months. I think our lease agreement was created upon a pretty standard OpenRent contract template and please find the mutual break clause at the bottom of the message.

Questions here:
(1) My landlord said I would need to continue paying rent and other ongoings until a new tenant has been found. If a new tenant moves in before the lease’s original end date, he will reimburse the remaining rent of my lease. Is it a legal request from my landlord as it does not seem right in view of the mutual break clause below?
(2) How shall I get my remaining prepaid rent back if (1) is not a legitimate request?

I want to know what is right and what is wrong before going to discuss a win-win solution or compromised option with my landlord. I would like to settle this in a decent way if possible. Thank you very much.

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Mutual Break Clause
12.6 The Initial Term of this tenancy agreement may be terminated by either party giving the other at least two months’ notice in writing, such notice not to expire until at least 6 months after the start of the Term. A notice served by the Landlord under section 21 of the Housing Act 1988 shall be sufficient notice under this clause.

The Tenant is obliged to pay rent up to and including the termination date, so if the tenancy is terminated on a date which is not the last day of a rental period, the rent due for any incomplete rental periods will be apportioned accordingly.

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2

How long is lease?

1 month notice required at month 5 to end a 6 month AST.

Only liable until end of tenancy.

4

Thanks. 12-month as an initial term.

6

Ok, being 12 months that changes it - I agree with landlord. This AST allows for 2 months notice at any time (month 4 or later) to which tenant is responsible for rent, utilities and council tax until a new tenant is found.

EDIT:
I am doubting myself here. I can’t see it being an early termination if tenant is still liable.

On the other hand I can’t see the point of a 12 month contract if it can be terminated early at any point.

7

Thanks for the reply, which part of the clause has led to this conclusion? I originally thought we need to wait until 6 months and then give a two months’ notice to protect both the tenant and landlord.

8

You could give notice at month 2 but it’ would be as though you gave it at month 4. IE liable until month 6 minimum, 2 months effective notice.

As it stands it seems your liability would actually end at month 7. (I edited previous post).

9

Thanks again. I agree it’s not easy to understand.

10

Provided you gave at least two months notice, and that notice expired after the start of the 6th month, then I believe your tenancy and your liabilities should end after the expiry of your notice. Perhaps your landlord is also confused by the break clause.

11

I think the point of the 12 months is that it requires two months notice from the tenant during this period. Afterwards, it would only be one month.

But yes, this essentially seems to be a six months fixed term contract.

The tenant doesn’t have to pay when the two months are over.

12

Thanks for the feedback. I think so too.

13

Good point. Thanks for the feedback.

14

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