Break Clause Query

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • jpkeates
    replied
    Originally posted by sarahcr231 View Post
    Sorry for the late reply and thank you all for your replies. The fixed term is 3 years but we have been told there will be a rent increase after at 12 months.
    If we don’t wish to accept the rise, we can leave.
    Unless the increase after 12 months is referenced in the tenancy agreement, the landlord can't increase the rent in the fixed term.

    Leave a comment:


  • mariner
    replied
    Why did you sign an AST for a 3 year fixed Term?

    Encouraging April/June date from LL but he could charge you rent for remaining fixed Term for his Agreement.

    Leave a comment:


  • sarahcr231
    replied
    Sorry for the late reply and thank you all for your replies. The fixed term is 3 years but we have been told there will be a rent increase after at 12 months.
    If we don’t wish to accept the rise, we can leave.

    We weren’t aware of a break clause when we moved in and only came to notice this clause once we needed to give notice!

    The landlord has emailed me back and asked what date would we want to end the tenancy and move. I’ve replied but heard nothing back as yet

    Leave a comment:


  • jpkeates
    replied
    A surrender can't be in the future, a surrender has to happen "now".

    I think what would actually be happening is that the tenant serves 2 month's notice and the landlord accepts it, making it valid.
    I don't think it can actually be a "surrender".

    If it is a surrender, it can't be offered in advance with any certainty it would be accepted on the desired day by the landlord. They might promise to, but they don't have to.

    As it isn't worded as a break clause and looks like notice, I'd say the tenant can't serve it in the fixed term unless the landlord agrees to that.

    And, fundamentally, until we know what the fixed term is, the discussion is a bit academic.

    Leave a comment:


  • MdeB
    replied
    Originally posted by sarahcr231 View Post
    My landlord has said that we can’t leave, as the break clause doesn’t allow this. He said the earliest we can give notice is April to then leave in June.
    LL appears to be wrong.

    The clause at #3 says "The Tenant may only surrender the tenancy following the expiry of the first six months of the tenancy."; it does not say anything about when notice to surrender may be given.

    As Lawcruncher says at #11, you can give notice at any time to surrender on any date that is
    1. 2 or more months in the future, and
    2. the first day after 6 months or later
    The LL probably thinks the clause means "notice cannot be served in the first 6 months of the tenancy", but that is not what it says.
    Be prepared to educate him.

    Leave a comment:


  • Lawcruncher
    replied
    As jpk was insistent I thought I ought to have a look at the clause again. Having done so, I can see I failed to take it in correctly. It is not what I thought it was, which is the usual clause setting out terms if the tenant wants to surrender. It is not exactly a break clause since the tenant cannot simply give notice ending the tenancy. I think it amounts to an option to surrender - at least it is worded as such. I have never seen an option to surrender before as you always get a break clause which has the same effect. (A quick google reveals surrenders of options, but options to surrender.)

    The wording allows the tenant to give notice at any time. He does not have to wait until the six months expires.

    Leave a comment:


  • jpkeates
    replied
    It does mean the landlord can only decline in "exceptional circumstances".
    Which is quite a high test.

    So it's not completely useless.

    Leave a comment:


  • Lawcruncher
    replied
    Originally posted by jpkeates View Post
    It would be a break clause if the fixed term is (say) 12 months.

    Not a very useful one, though.
    It's no good at all. It leaves the landlord in control. A right to break has to be exercisable unilaterally otherwise it is no right to break.

    Leave a comment:


  • jpkeates
    replied
    Originally posted by Lawcruncher View Post
    The above is not a break clause. It only states what is the case anyway. It serves no purpose whatsoever other than to confuse people.
    It would be a break clause if the fixed term is (say) 12 months.

    Not a very useful one, though.

    Leave a comment:


  • Lawcruncher
    replied
    Originally posted by sarahcr231 View Post
    Apologies, it reads the following: ‘The Tenant must given the Landlord at least two months notice in writing if the Tenant wants to surrender the tenancy before the end of the fixed term. A surrender will not end the tenancy unless it is explicitly accepted in writing by the Landlord. The Landlord will normally accept the surrender but reserves the right not to do so in exceptional circumstances. The Tenant may only surrender the tenancy following the expiry of the first six months of the tenancy.’
    The above is not a break clause. It only states what is the case anyway. It serves no purpose whatsoever other than to confuse people.

    When you signed up were you told the agreement had a break clause?

    Leave a comment:


  • jpkeates
    replied
    How long is the fixed term?

    Leave a comment:


  • mariner
    replied
    Please complete & paste https://forums.landlordzone.co.uk/fo...ll-new-posters

    Leave a comment:


  • theartfullodger
    replied
    What is the wording of the similar break clause for landlord to give notice to tenant, please?

    Leave a comment:


  • sarahcr231
    replied
    Apologies, it reads the following: ‘The Tenant must given the Landlord at least two months notice in writing if the Tenant wants to surrender the tenancy before the end of the fixed term. A surrender will not end the tenancy unless it is explicitly accepted in writing by the Landlord. The Landlord will normally accept the surrender but reserves the right not to do so in exceptional circumstances. The Tenant may only surrender the tenancy following the expiry of the first six months of the tenancy.’

    Leave a comment:


  • KTC
    replied
    The photo is tiny. Can't actually read any of the text....

    Leave a comment:

Latest Activity

Collapse

Working...
X