To set the scene, I am currently in my 2nd term having signed a ‘renewal agreement’ 1st of March 2022. I have given notice to my landlord to leave under the terms of the break clause in the renewal agreement, however they are claiming my notice is not valid and they are trying to say I must follow the break clause in the original contract.
The original break clause:
‘‘A minimum of two months written notice must be given, but that notice can only be given after a period of 6 months have elapsed.’’ ie 8 months minimum.
In the renewal agreement, the ‘renewal clause’ reads:
''The terms of the new tenancy shall be the same as those in the previous agreement between the Landlord and the Tenant dated 1st March 2021 relating to the property except for any changes in the terms mentioned in this document.”
Then directly below the ‘renewal clause’ is the ‘break clause’ which has changed!!
‘‘Either party may terminate this agreement after a period of 6 months by giving a minimum of 2 months advance written notice’’
I am just over 3 months into my renewal term and i have just given notice (at least 2 months) to end my tenancy at the end of the 6th month.
As far as I am aware, I have followed the rules of the renewal agreement.
I have even stated to the landlord that the renewal clause states that whilst it says we are to follow the original terms in the contract, it then says ‘‘except for any changes in terms mentioned in this document’’ ie the break clause is now different and does allow us to in fact give notice to terminate the agreement after 6 months.
Am I right or am I right???
Landlord thinks not.