tenant question

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    tenant question

    renting via agent. i was asked if wanted 12 month tenancy or 12 months with 6 months break.
    if i went for the 12 with 6 months break what are my rights if i stay after the 6th month? what notice do i have to give between the 6th and 12th month if anything happened and i wanted to leave earlier?

    if i went for the 12 months can i leave before the 12th month if i give enough notice? if so what should it be?

    #2
    If you go for the contract with the break clause, your notice requirements will be as per the contracts (there is no 'law', it is just what you agree). This option will also give the landlord the right to bring the tenancy to an end early.

    If you go for the 12 months, then you are tied to the place for 12 months - but secure for 12 months too.

    Comment


      #3
      The following assumes this would be an assured shorthold tenancy in England or Wales.

      Originally posted by moiuk View Post
      if i went for the 12 with 6 months break what are my rights if i stay after the 6th month?
      A 12 month term with a 6 month break clause means that the fixed term tenancy will continue for 12 months unless you or the LL serve notice under the break clause.

      If you serve notice under the break clause, it ends the tenancy at notice expiry.

      It's different if the LL serves notice. If landlord serves notice under the break clause, it just ends the fixed term early; you wouldn't be obliged to move out at notice expiry and if you didn't a periodic AST would automatically arise (a.k.a. rolling contract). The LL could only force you to vacate by serving a s.21 notice (as well as the break clause notice), applying to the court for a possession order, and then getting a bailiff to enforce the possession order (this takes several months).

      what notice do i have to give between the 6th and 12th month if anything happened and i wanted to leave earlier?
      Whatever it says in the contract. Usually, it'll say you must give one or two months' notice in writing.

      if i went for the 12 months can i leave before the 12th month if i give enough notice?
      Yes.

      If you decide you want the option of a break clause, ask to see a copy of the contract first before signing it. If you're not sure what the break clause means, (they can be strangely worded, sometimes), post again on here.

      Comment


        #4
        Originally posted by moiuk View Post
        renting via agent. i was asked if wanted 12 month tenancy or 12 months with 6 months break.
        if i went for the 12 months can i leave before the 12th month if i give enough notice? if so what should it be?
        Originally posted by westminster View Post
        Yes.
        Not for a fixed 12 months he/she cant

        Comment


          #5
          Oops, yes, I misread the question.

          Comment


            #6
            Out of interest, what is the point of a 12-month contract with a 6-month break clause, versus a 6-month contract? Have never quite understood the point - am I missing something? Is it just a letting agent thing; ie it avoids cost of issuing a new 6-month contract at 6 months?

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              #7
              Originally posted by Ericthelobster View Post
              Out of interest, what is the point of a 12-month contract with a 6-month break clause, versus a 6-month contract? Have never quite understood the point - am I missing something? Is it just a letting agent thing; ie it avoids cost of issuing a new 6-month contract at 6 months?
              I see your point, but I have done this myself before now (agreed a 12 month contract with a 6 month break clause). In my case it was nothing to do with agents' fees (although I could see that would be an advantage if you did use an agent). It can be a safety net for both LL and T, especially when the T isn't sure how long he'll want to stay (might depend on his job, etc.) - assuming he's not the Tenant from Hell, it gives him more security in practice but the option to get out earlier than a year if he wants.

              From the LL's point of view, at least he can specify two months' notice from T if break clause is operated, rather than the usual one - which gives him more timto find a replacement.
              '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


                #8
                It's different if the LL serves notice. If landlord serves notice under the break clause, it just ends the fixed term early; you wouldn't be obliged to move out at notice expiry and if you didn't a periodic AST would automatically arise (a.k.a. rolling contract). The LL could only force you to vacate by serving a s.21 notice (as well as the break clause notice), applying to the court for a possession order, and then getting a bailiff to enforce the possession order (this takes several months).


                So from a Landlords point of view, would I be correct in saying that really there is no benefit to having a break clause?

                Comment


                  #9
                  Originally posted by shining light View Post
                  So from a Landlords point of view, would I be correct in saying that really there is no benefit to having a break clause?
                  Originally posted by mind the gap View Post
                  From the LL's point of view, at least he can specify two months' notice from T if break clause is operated, rather than the usual one - which gives him more timto find a replacement.
                  Deja Vu?????

                  Comment


                    #10
                    Originally posted by Snorkerz View Post
                    Deja Vu?????
                    No, I think 'au contraire' is the best-fit phrase!
                    '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


                      #11
                      Originally posted by mind the gap View Post
                      'au contraire'
                      I've been saying that a bit lately. It is amazing the number of people who do not believe what I say.

                      Comment


                        #12
                        I disagree!
                        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


                          #13
                          Originally posted by Lawcruncher View Post
                          I've been saying that a bit lately. It is amazing the number of people who do not believe what I say.
                          Yes, but most of them appear to be habitués of HousePriceCrash forum.

                          Comment


                            #14
                            There are a few on CAG too.

                            Comment


                              #15
                              They are all dolts! They know nothing
                              '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

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