Special clauses

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    Special clauses

    Hi All,

    I want to add the following break clause into my AST, but I’m wondering if I do so, do I also need to give my tenant also a break clause?

    ‘The Landlord may terminate this agreement by giving the Tenant not less than 2 months' written notice expiring [on or at any time after the date which is [6 months)
    after the date of commencement of the term.’

    I am also wanting to add a clause to say I will not be responsible for repairing appliances such as cooker or shower in my unfurnished as they are not part of the rent. Is this legal?

    Thanks

    #2
    Generally yes, landlord only break clause is an unfair term. There's really only very limited reasons to have break clause in typical residential letting. Just do a 6 months fixed term and then let it roll periodic.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      Agreed, break clauses very very easy to get wrong.

      Much simpler, easier, more flexibility to evict, fixed term 6 months then periodic.
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Following the general principle that you should keep things simple where there is no need to complicate, It is safest just to grant a six month term if that is all you want to commit to.

        A landlord is responsible for "the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity)". I think that has to include the shower, but not the cooker.

        Comment


          #5
          i am not sure why you would insert a break clause on those terms as that is exactly what you will be able to do if you grant a 6 month AST anyway so why not just do that?

          You don't have to provide a shower or maintain one but you do have to provide sanitation facilities so if there is a bath that is sufficient. I hope this helps

          Comment


            #6
            I think if you provide a cooker / shower etc you should maintain it. The only exception to this for me are white goods which I occasionally supply on a 'no maintenance' agreement. Things that are fixed in place belong to & should be repaired by the LL in my book.

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