Termination before end of ASt

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

  • Termination before end of ASt

    Hi

    We are tenants with a 12 months AST until 30th April 2010.
    We have now found out that the LL is going to sell the property at the end of our contract. We wanted a long term rent and have seen a property that is long term and that we would like to move into in about 6 weeks time.

    There is no break clause in the contract and the 'TERM' states - "A term certain of 12 months from and including the First Day of May 2009 and until the 30th April 2010."

    Our question is - can we break this Agreement without being sued for balance of rent up to 30th April?

    We fully intend to give the LL one months notice in writing from the end of this month (Oct) as required within the contract.

    We have been excellent tenants and have considerably improved the value of the property during the 6 months we have been tenants, through decoration and carpets etc

    Any help or guidance would be much appreciated.
    Many thanks

  • #2
    No, of course you can't.
    There's a monster 235-post thread about that very point (which clearly you haven't read) here: http://www.landlordzone.co.uk/forums...ighlight=early
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

    Comment


    • #3
      Nether Edge Law - Jeffrey Shaw

      Well I do apologise for even asking!

      Your abrupt response was not expected!!

      Having read some of the other posts, I had assumed that there was an expectancy of courtesy between the respondee and responder!

      It's clearly obvious from your curt response, that as an internet based company, the 'personal edge' gained from personal contact in your profession, that encourages customer/client relationships, is sadly missing.

      Perhaps you might endeavour to be a little bit more understanding of the reasons behind some of the future queries and not to be so judgemental.

      We as tenants are sometimes renting because of unfortunate personal situations, and are only trying to achieve some security in an otherwise fraught existence. We are NOT out to take advantage of the Landlord all of the time!

      I appreciated your response, however, but not the portent.

      Thank you

      Comment


      • #4
        Oops (may I respond to your post - please don't tell me off)

        Okay, have you read the post Jeffrey suggested?

        Presuming the answer is yes, you will know that you entered into a fixed term contract and that contract gives the landlord rights and security as well as the tenant.

        However, what are your negotiating skills like? You could mutually agree an early end to the tenancy.

        LL is selling and would therefore want to show estate-agents / surveyors / prospective purchasers around.

        You are entitled to "quiet enjoyment" of your property, which means he/agent/purchaser can only enter your property with your permission.

        Maybe it would be to the LLs advantage to have vacant posession then he can have whoever he wants to visit, whenever he wants.

        Comment


        • #5
          Now that's the sort of helpful reponse I expected!

          Many thanks for that.

          It's not that I'm overly sensitive - 10 years in the Army eradicated any of that! - but common courtesy will always go further than ignorance.

          I have already started 'negotiating' but the response from the LL is a mite short of deafening! - in other words none at the moment.
          I totally agree with your sentiments and that would appear to be the only amicable route out.
          The trouble is that if we miss this new offer we could end up in unsuitable accomodation at the end of our contract in April.

          It is a real worry and as I'm getting married in May!!!!!?????

          Thanks again

          Comment


          • #6
            Originally posted by ihaventaclue View Post
            Many thanks for that.

            It's not that I'm overly sensitive - 10 years in the Army eradicated any of that! - but common courtesy will always go further than ignorance.

            I have already started 'negotiating' but the response from the LL is a mite short of deafening! - in other words none at the moment.
            I totally agree with your sentiments and that would appear to be the only amicable route out.
            The trouble is that if we miss this new offer we could end up in unsuitable accomodation at the end of our contract in April.

            It is a real worry and as I'm getting married in May!!!!!?????

            Thanks again
            I would echo Snorkerz' advice and reassure you that beginning your married life in anywhere less than your dream home is not the end of the world. In fact, it is to be recommended.

            May I also just add that your response to Jeffrey's post comes across as something of an overreaction. Your reaction would perhaps be similarly short if someone signed up in the Army for ten years but was bored with it after one year and wanted out without penalty. Do you not think it is reasonable to expect adults to read and understand abide legally binding contracts before they enter into them?

            Good luck with the negotiations, anyway.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


            • #7
              Originally posted by ihaventaclue View Post
              Well I do apologise for even asking!

              Your abrupt response was not expected!!

              Having read some of the other posts, I had assumed that there was an expectancy of courtesy between the respondee and responder!

              It's clearly obvious from your curt response, that as an internet based company, the 'personal edge' gained from personal contact in your profession, that encourages customer/client relationships, is sadly missing.

              Perhaps you might endeavour to be a little bit more understanding of the reasons behind some of the future queries and not to be so judgemental.

              We as tenants are sometimes renting because of unfortunate personal situations, and are only trying to achieve some security in an otherwise fraught existence. We are NOT out to take advantage of the Landlord all of the time!

              I appreciated your response, however, but not the portent.

              Thank you
              As you say, you haven't a clue.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment

              Latest Activity

              Collapse

              • Claiming for protected deposit
                mandm
                This is an interesting one, got me into a spin.
                Tenants signed AST but decided to leave after 6 months and 3 days (problem with moving) using the break clause in the AST. I protected the deposit using DPS (Insured) and returned the deposit minus deductions when the moved out.
                I served the...
                21-07-2017, 08:00 AM
              • Reply to Claiming for protected deposit
                Interlaken
                OP - yes do send the confirmation email from the DPS to the solicitor for the tenants. That should stop proceedings but did you give them the PI and How to Rent details + gas certificate. In future make tenants sign a receipt to say they received these items - I do it on move in day and leave them...
                21-07-2017, 08:41 AM
              • Reply to Claiming for protected deposit
                MrShed
                JK - there are *some* upsides of taking a deposit. The main two for me:
                1) Regardless of what it can feel like on here, the majority of tenants do not know they can play the system in this way.
                2) There is something to be said for the mindset of a tenant who has something "invested"...
                21-07-2017, 08:19 AM
              • Discussion - GDPR and implications on landlords
                MrShed
                I've just posted something on GDPR and then wondered whether it had been discussed on here before - a quick search implies its never been mentioned.

                I thought I would raise a topic to discuss it and the implications on landlords.In effect this is a replacement of the Data Protection Act...
                20-07-2017, 15:01 PM
              • Reply to Discussion - GDPR and implications on landlords
                jpkeates
                The ICO should be fining landlords for not registering as data processors - they're not.

                The maximum amount of personal data held by landlords and agents arises out of tenant referencing, and, if that were to be destroyed after a couple of months, most landlords would arguably be pretty...
                21-07-2017, 08:16 AM
              • Reply to Claiming for protected deposit
                JK0
                I'm afraid this rant won't help you much o/p, but:

                STILL!? Still landlords are giving tenants a way to wheedle thousands out of them for no good reason?

                I have come to the conclusion this whole deposit protection nonsense is a government sponsored scam. There is barely any...
                21-07-2017, 08:12 AM
              • Reply to Claiming for protected deposit
                jpkeates
                They are probably claiming that you didn't protect the deposit and give them the Prescribed Information document, both of which you are required to do within 30 days of receipt of the deposit.

                If you didn't do both things to the appropriate deadline, you didn't protect the deposit correctly....
                21-07-2017, 08:09 AM
              • Reply to Discussion - GDPR and implications on landlords
                jjlandlord
                Source: http://news.pwc.ch/31824/gdpr-key-ch...-eu-companies/

                That being said, I don't think it will have much impact on landlords:



                I don't think that'll be the case. References are legitimate and widespread.



                ...
                21-07-2017, 07:51 AM
              • Help. Scam/ fraud letting
                Hayleydenice93
                Hiya

                i need some advise on my situation in regards to this flat offered to me and my partner. We viewed a flat which was in an old office block which had been converted into service apartments and then refurbished into flats.

                The agency we viewed the flats through did not want...
                20-07-2017, 20:59 PM
              • Reply to Help. Scam/ fraud letting
                theartfullodger
                You do not have to own a place to be the Landlord. Suspect they rent from owner (their Landlord), they then rent (as your Landlord) to you.

                Doubt there's any chance of getting proper tenancy from them. You could sign licence, move in, then try and get rights as an AST Tenant (eg sue for...
                21-07-2017, 07:46 AM
              Working...
              X