Landlord wishing to break two year contract

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    Landlord wishing to break two year contract

    Hi there,

    I wonder if anyone can give me some advice. I am now one year into a two year tenancy agreement for an appartment which we let from Winkworth. A month ago the year break option passed without a hitch, however now the landlord is wishing to sell the flat and has asked us if we are interested in moving out. As we had been assured a 24 month period we are not thinking to move but are worried that he could try and force our hand.

    Does anyone know if there is anything he can do to remove us from the property or is it safe for us to sit out the final 11 months?

    Many thanks in advance for your help.

    Peer.

    #2
    See Subletting after six month break clause - especially post 9 by Paul_f

    Fuller discussion in the thread Help - problem with letting agent


    Paul_f23-10-2005, 07:02 PM
    The reason why any break clause would be invalid is the landlord cannot give with one hand a 12 months AST and then take it back halfway through so to speak, with the other; it's an onerous term.

    Only if the landlord and tenant have agreed to such a break clause prior to the tenancy being drawn up, and there has been some form of correspondence to prove this, would such a clause be valid. It would then have to be included in the section under "Special Tenancy Conditions" which would then remove it from the Housing Act 1988 obligations. I still think a tenant could challenge this anyway if he wanted to as it would take away his statutory right to complete the fixed term.

    Clearly from the information given in this case the agent has cocked-up but that doesn't mean the landlord can just repossess after 6/8 months because it might contain a break clause. I'm absolutely sure any action would fail in court unless the above procedure has been followed to the letter.
    The landlord can only get you out by issuing a Section 21 notice and you can object to the notice on these grounds. In the unlikely event of the Court endorsing the notice you would have a further period of time before the Court Possession Order came into effect.

    Get support from Shelter should you receive a Section 21 notice and discuss this advice (on their website they seem a little short of information on break clauses)
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

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      #3
      Just as I thought... there is very little he could do to make us leave before the final year is out. I had been thinking that should the landlord be desperate to sell the place then I could ask him to pay me compensation for each month that he breaks, after all that is what I would have to do if I wanted to leave early. Saying that, I am not out to profit from his situation, just annoyed that yet again the agent seems to be pushing the sale of the homes that they have signed perfectly legal rental agreements for. They did the very same thing to me a year and a half ago with another property only to re-let it to me when they couldn't find a buyer.

      I guess that's the London market for you!

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        #4
        Originally posted by peerquaide View Post
        Just as I thought... there is very little he could do to make us leave before the final year is out. I had been thinking that should the landlord be desperate to sell the place then I could ask him to pay me compensation for each month that he breaks, after all that is what I would have to do if I wanted to leave early. Saying that, I am not out to profit from his situation, just annoyed that yet again the agent seems to be pushing the sale of the homes that they have signed perfectly legal rental agreements for. They did the very same thing to me a year and a half ago with another property only to re-let it to me when they couldn't find a buyer.

        I guess that's the London market for you!
        If I were you, I'd lean towards trying to profit from L's situation; he profits from vacant possession, doesn't he?
        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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          #5
          Did you agree to the one year break clause usually listed under Provision for Early Termination?
          ASSUME NOTHING - QUESTION EVERYTHING!

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            #6
            As long as you pay rent and do not breach your ast , you are safe.
            All posts in good faith, but do not rely on them

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