Can Tenants Leave Early

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    Can Tenants Leave Early

    I am setting up a fixed term AST with Tenants who want a long term tenancy (3 - 4years). I am thinking of giving them a 12 months term with a view to setting up a new contract every 12 months. However I have recieved some advice from a LL friend who says that, however long the TA term is set, the tenants would still have the option of leaving the tenancy early by giving a months notice to quit for any reason - so in effect they could quickly leave me with a void if they change their minds and want to leave early. I have been advised that there should be a clause in the TA which gives the tenanants the right to leave the tenancy at any time prior to the end of the term as long as they give a months notice. Is this correct? If it is correct it doesnt seem to be fair on LL as I am obliged to let them stay for 12 months but they dont have the same obligation.

    #2
    No. If you (L) and T enter into a fixed-term Letting Agreement, and it contains no break clause, both of you are bound for the entire duration (unless you have to use a s.8 Notice during it). There's no implied right for either party to end it early; so tell your L friend ('the man in the pub'?) that he is wrong.
    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).

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      #3
      Originally posted by jeffrey View Post
      No. If you (L) and T enter into a fixed-term Letting Agreement, and it contains no break clause, both of you are bound for the entire duration (unless you have to use a s.8 Notice during it). There's no implied right for either party to end it early; so tell your L friend ('the man in the pub'?) that he is wrong.

      I take it that a 'break clause' would enable the tenants to pull out early - would there be any benifit to the LL in having a break clause?

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        #4
        Originally posted by tony.kenyon@hotmail.com View Post
        I take it that a 'break clause' would enable the tenants to pull out early - would there be any benifit to the LL in having a break clause?
        Yes, you could get the property back earlier (say you needed it, or had non-section-8 problems with the T)

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          #5
          Your LL friend could do with signing up to forum too, sounds like Ts have been walking all over them if their Ts have managed to walk at any point just giving a month's notice!
          I'm a good tenant with great landlords
          I'm also a living, breathing, fully cooked female.

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