I work backshift, driving for a total of 5 hours, It is not possible for me to have a break during my 'run' which starts 2 hours into my shift. Am I entitled to a break before my 'run' starts.

Hi, I received a letter from a Solicitor yesterday on behalf of the Landlord to inform me that he is exercising his rights under the break clause in my Tenancy Agreement and that they require possession of the property on the 31st July. However, the name of the landlord on the legal notice is completely different from the name of the landlord on my tenancy agreement (I know from my actual landlord that the person serving the notice is a joint owner of the property). My question is, is this notice legal, as the name does not match my Tenancy agreement? My understanding is that although he has an interest in the house as owner, it is the landlord written on my agreement that needs to serve the notice? If it is not legal, do I need to inform the solicitors of the mistake, or can I just challenge the legality of the notice closer to the intended date of possession? Many thanks for reading and thanks in advance for your opinion and advice. David

Evening all, I've searched the site, and can't find any threads querying my particular dilemma.. so thought i'd ask your thoughts on my scenario, along with the wording in my assured shorthold tenancy agreement.. Info/ history I currently rent my property from a building company. I have previously signed 3 tenancy agreements. I sign a new tenancy agreement every 6 months. My current 6 monthly tenancy officially ends on 27th March 2013. Scenario I want to end the tenancy early. After studying the tenancy agreement I observe a break out clause. I interpret the break out clause in my way and as such , with 2 months to run on the tenancy ,I have given my landlord notice in writing, and asked how I should pay the £200 break out fee.. Landlord writes back saying that my tenancy will run until the official end date, and that I should meet the lettings manager on the 27th March 2013 and hand over keys. Landlord states that I am still liable for all rental payments, and all house bills until they find new tenants ( or until 27th March ). Landlord states I should arrange a departure inspection around the time ( fair enough ). There is no mention of the break out clause in the letter sent by the landlord. Tenancy agreement wording Here is the wording concerning ending the tenancy: 2.5 ending the tenancy 2.5.1 If the tenant intends to vacate at the end of the fixed term, or at any later date, he agrees to give the landlord at least one month's prior notice in writing. 2.5.2 while the tenancy is periodic the one month's written notice must expire the day before a rent due date. 2.5.3 If, in exceptional circumstances, the tenant is allowed by the landlord to end the tenancy prior to the expiry date set by clauses 2.51 and 2.52, then there will be an early termination charge of £200. Can anyone else interpret the 2.5.3 clause above, and let me know your thoughts... I am wondering why have the break out clause in , If the landlord is forcing me to stay and pay rent and bills. The reason for wanting to breakout is not under dispute, moreover there are no definitions of exceptional circumstances in the agreement- this leads me to think that the lettings company can manipulate or put their own spin on what they deem as exceptional. Many Thanks in advance GG

Hi, I took out a personal loan with Natwest about four years ago. About eighteen months ago I became unemployed and the bank put me onto a financial hardship agreement whereby after disclosing my ingoings and outgoings I was able to offer a token amount each month. After finallly finding work I learned that there where arrears on the repayment account of £650 in interest alone. Another arrangement was made in October 2011 to make two payments every month - one for the actual loan reapayment and one to cover the interest arrears. In November 2011 I received a letter saying the repayment had defaulted and the agreement broken, this even though I had obtained statements showing these repayments. When I queried the letter the Natwest I was eventually told that a banking error had caused a deficit of 7p on my repayment, thus causung the arrangement to break. I was reassured that the error was not on my part and the agreement was reset. That was Nov 2011. Since then the same thing has happened every month, with the agreement being reset. I was compensated £50 by the bank in June or July 2012 (Incidentally a letter which was generated and read out to me by a member of their Collections Dept informing me of the compensation was never recieved by m e, nor have several other communications). When the agreement is broken, they deactivate my debit cards, and i've found myself in the situation where i've been in resteraunts having my card refused because of this. The most recent inconvenience was on Christmas Day when I learned that yet again the agreement had broken (12p this time) and my card was unuseable. Christmas Day...I then found out that their collections dept - who where the only people who could unblock the card - would not be available until Dec 27th. A member of their customer services team actually said to me that he had spoken to another lady that same morning with the same complaint and he'd turned around and said there was nothing he could do. To say I was curt is an understatement. The matter is yet again in the hands of the Complaints Dept. who have assured me a letter will be sent detailing the situation, and the banks actions to prevent it from happenning again. I've gone beyond monthly rages to a wierd state of blissfull acceptance, but will certainly be closing all my accounts with Natwest once my loan is paid in full. Is there any further action I can take though? I'm livid at the thought of a company with Billion pound profits can operate such shoddy procedures (although considering what happened in the Summer it barely surprises). All the best!

i renewed my fixed term tenancy agreement on April 2012 for further 12 months. There is a break clause stating, the tenant shall be entitled to terminate this tenancy by giving notice to the landlords follows: 1.2.1 the period of the notice to be a minimum of one calendar month 1.2.2 the notice period will expire on the last day of a period of the tenancy and must be served in writing. 1.2.3 notice must be served in accordance with the attached tenancy terms and conditions. could somebody please explain the 1.2.2 as i don't understand. can i move out by giving them one months notice as this is what i would like to do at this stage. thank you

Hi, Can you please help interpreting the below break clause? "On or prior to the date the TENTH rental payment is due either the Landlord or the Tenant may give written notice to terminate this Tenancy Agreement on the last day of the TWELTH month. 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. If this clause is not invoked the Tenancy Agreement will be for twelve months from the commencement date." Does this mean, I lose ability to break clause if I don't use it before 10th month into the tenancy? Thanks for your help. Kind regards,

Morning. I'm just looking for a bit of advice please. I am due to start maternity leave in October and I have asked NRAM for a maternity break, however they say that I may not qualify because my mortgage is one month in arrears (it was 2 months from losing a second job last year, but I have been regularly paying for almost 12+ months), and I would need to bring it up to date. I am concerned because although I get an enhanced payment from my employer but I am going to struggle with the payments for Dec - March. I am only taking 6 months from work, and will be returning to normal payments after this. Any advice on how to challenge or how to meet the payments please?

In a contract I'm about to sign (as a tenant), there is the shortest and least explained break clause I have ever seen: "Fixed Term From 08/07/2012 until 07/07/2015. (36 months). Renewable if agreed by both parties 6 weeks notice must be given if the tenants wish to extend the lease. Break at 12 months with 2 months previous written notice by either party. Option to review rent after 18 months" I know the contract term is unusually long, and I can only break it after a year - I'm fine with that, planning to stay. Here is the question: Can I break this contract only on 07/07/2013, with 2 months notice, or can I break it any time after 07/07/2013 with 2 months notice? Anyone have a clue? Usually it is spelled out ...

Hi All, can anyone give me some advice on my legal right regarding the below please? I have a standard tenancy agreement with 6 month break clause (1 month notice) a the condition that "the heating in the flat is not enjoyable for the Tenants as mutually agreed by the Landlord and Tennant" This clause was put into place as the flat don t have central heating neither double glazing (back in 80/2010) - following cold winters I have requested in several occasion to have the window replaced or for a secondary double glazing to be put in place but nevertheless the management agency attempts to insulate the flat with other cheaper solution no much did improve - secondary double glazing were not put into place as the landlord want to sell the flat this summer. Due to the very low rent I still have put up to live in the propriety and to pay more on heating to try to keep warm. This anyway did result in me been ill constantly and having to take time off work consequently. Following been diagnosticate with Cervical Artois and Chronic Sinusitis I have tried to give my notice as I did not want o jeopardise my health any further. Unfortunately the Management agency don t agree with us giving notice and they are stating that now is warm. I am challenging that in the break clause isn t specificity that the temperature has to be agree to be enjoyable or that I have to allow additional time for repairs as this "has already been mutually agreed" Can anyone give an opinion on our right? Many thanks

Hi, Myself and my partner visited the Car Craft show room in Leeds on the 16/09/2011 to look at purchasing a new car, we explained to them from the first contact we had with the sales rep that we needed a reliable car due to having a 5 week old pre-mature baby. They offered us a Ford Focus Zetec 2009 with 40,000 miles which we took for a test drive, everything seemed well with the car on the short test drive, we sat down to do the paperwork and was not informed the car had no service history at all, it wasn't until we got home and read through some of the paper work they made us sign that it stated the car came with no service history, we was extremely angry but thought it's not a huge problem. The second day of ownership the car started to judder when sat in idle which began to get worse, I called in to a local garage to get an opinion on the problem before contacting Car Craft, they said it could possibly be the idle valve or it could be a spark plug which needed replacing. I contacted Car Craft immediately and explained what the problem was and I was scared for the safety of our child if the car broke down on the motorway, they explained that the only time they could book us in was a full week later, I spoke to the mechanic only known as 'Dave' who was extremely helpful and actually seemed concearned compared to the other staff I spoke to who only offered the advice of 'all cars have problems'. After reading the documents it states that items such as spark plugs, oil, filters are down to wear and tear and will be replaced at a cost, me and my partner are scared they will try and sting us with this, surely they can't after only owning the car a week it can't possibly be wear and tear from us? Any advice on this matter is highly appreciated, we have enough stress from our pre-mature baby without car problems, we just want a reliable car, I hope Car Craft do the right thing and fix all the issues at no extra cost to us when it goes to there Leeds Service Centre tomorrow 26/09/2011.