Break Clauses:

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    Break Clauses:

    I had a tenant vacate giving less than the one month statutory notice although the tenancy agreement said she should have given two months notice. There was a break clause in the agreement for either of us to break the agreement at 6 months. She missed the five month deadline to exercise her right to leave at the end of six months and left at the end of the six months anyway having only given two weeks notice. I want to know was she then under contract to stay the extra six months and can i now pursue her for the rent she would have paid me if she had stayed for the full term?

    #2
    Please quote the exact wording of the break clause.

    What date did the fixed term commence, and how long was the term?
    What date did T serve notice?
    What date did T vacate?
    Have you done anything inconsistent with the tenancy continuing? e.g. re-let the property, etc.

    Comment


      #3
      If the tenant failed to exercise the right to break correctly the tenancy continued. That means you are entitled to collect rent up to the end of the fixed term so long as you do not take back control of the property. You are not entitled to all the rent at one go, only as due.

      Whatever the legal position may be, you need to think about what the best option is as it will be pointless maintaining the tenancy if you never get the rent.

      Comment


        #4
        Many thanks for that clarification. I can safely say the she has ended the tenancy she had with me as she has taken another one. I shall now relet the property and only charge her for the time it takes me to do so.
        Many thanks again
        Julesy

        Comment


          #5
          I am pleased OP has clarity for his intended action but I am not sure any future reader will be so reassured.
          Lawcruncher & westminster are respected senior members. westminster asked reasonable questions, esp precise wording of break clause (unanswered) and Lawcruncher prefaced his reasoned advice with the qualifier 'If..'
          Only in #4 does OP reveal ex T has taken a new Tenancy. I would suggest OP tries to obtain writen evidence of this, or if the new address is known, request the ex T to provide written confirmation she has surrendered OPs property as of <date>
          Whilst the ex Ts described actions are typical of many, to prevent mistakes biting LLs in the backside in future, usual advice to LL is to get Court order for repossession asap, before re-letting, entering etc if formal surrender of property is in doubt, rather than wait for recovery at end of fixed term, esp if unpaid due rent is not recoverable.
          LLs do seem to require additional safeguards for this type of situation.
          Julesy, as ever, the final decision on how to proceed is yours

          Comment


            #6
            Originally posted by Julesy View Post
            Many thanks for that clarification. I can safely say the she has ended the tenancy she had with me as she has taken another one. I shall now relet the property and only charge her for the time it takes me to do so.
            Many thanks again
            Julesy
            Just to emphasise that if you offer the property to let (or otherwise do anything inconsistent with the tenancy continuing) then you have taken back control of it and ended the tenancy from the date you took back control.

            Comment


              #7
              Originally posted by mariner View Post
              Only in #4 does OP reveal ex T has taken a new Tenancy. I would suggest OP tries to obtain writen evidence of this, or if the new address is known, request the ex T to provide written confirmation she has surrendered OPs property as of <date>
              Whilst the ex Ts described actions are typical of many, to prevent mistakes biting LLs in the backside in future, usual advice to LL is to get Court order for repossession asap, before re-letting, entering etc
              I think that in the case where T has given written notice to quit (even invalid notice), and has then actually vacated the property and set up home elsewhere, it may be safely interpreted as an offer to surrender. Note that it takes two to agree a surrender (whether by Deed, or by operation of law) and LL is free to accept (by signing a DoS, or by taking possession/reletting etc) or to refuse to accept.

              Comment

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