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Can the legal minimum notice period be over-ridden by a penalty for ending a contract early?

LANDLORD FORUMCategory: EvictionCan the legal minimum notice period be over-ridden by a penalty for ending a contract early?
Can the legal minimum notice period be over-ridden by a penalty for ending a contract early? 1Samantha Bensted asked 6 months ago

Hello, I have a lodger who originally applied for my double room for three months. I suspected he might not stay so I added a penalty of 100 pounds for breaking the contract early. He then switched on me at the last moment and said he only wanted to stay for two months and, as I was under a lot of pressure from a lot of different directions and didn\’t want to go back to square one, I agreed and amended to two months. He moved in on the 10th of January and has told me today he is moving out and within the next week or so I believe and will pay the 100 pound peanlaty for breaking the contract early.When I added the penalty it was with a view that he might give notice and leave after two months instead of the original three i.e. envisaging that he would have to give a month\’s notice to leave the 10th of March and then pay the penalty on top for not staying until the 10th of April. It was obviously a mistake to leave it in as you cannot leave a two month contract early if you give the standard minimum notice period, so it was totally unnecessary.Have I accidentally shot myself in the foot? Is this a so-called \"break clause@ that over-rides standard law or is it on the contrary simply irrelevent in the context of a two month contract. It\’s a standard contract I got from the internet, but unfortunately I can\’t see any specific mention of notice period anywhere.

3 Answers
Can the legal minimum notice period be over-ridden by a penalty for ending a contract early? 2Marc Attwater Staff answered 6 months ago

Hi Samantha, The contract you signed and agreed with the tenant stands.

Can the legal minimum notice period be over-ridden by a penalty for ending a contract early? 1Samantha Bensted answered 6 months ago

Thanks. I thought that would probably be the case but someone said standard law prevails over anything in a contract.

Can the legal minimum notice period be over-ridden by a penalty for ending a contract early? 1Samantha Bensted answered 6 months ago

Thanks. I thought that would probably be the case but someone said standard law prevails over anything in a contract.

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