Ending AST early - Break Clause

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  • Ending AST early - Break Clause

    I have an AST, the Term being "a term certain of one year from 15th January 2007 to 14th January 2008"; for what it is worth, this is the 3rd year of residence in this property, each year being agreed by way of a new AST.

    The contract has the following break clause:

    "This contract has a minimum term of six months. Should the tenant wish to vacate on or after this period one months notice in writing is required. Should the owner require vacant possession on or after this period two months written notice will be given. All tenants must sign this agreement before the keys are released. Any changes to the agreement will incur a £120 fee plus an additional £80 administration fee per new tenant."

    A few questions, the answers to some (hopefully) fairly obvious but would appreciate clarification... note that I have no complaints against the landlord - I just want to move to larger premises with a new partner...

    1. My presumption is that if I give written notice on or before 14th June then I can vacate the premises on the 14th July (being 6 months after 15th January) - is this correct?

    2. Do the dates of any notice have to revolve around the date of contract (ie the 15th) or can notice be given at any time of the month (and therefore a monthly pro rata rent due)?

    3. I am confused as to what the reference to the £120 and £80 fees means in practice - does this mean that by invoking the break clause, and leaving before the full 12 month term, I will be subject to these fees of £200?

    4. I did try to discuss the situation with the lettings agent, but came away more confused than when I went in! However, I was clearly informed that in invoking the break clause, I would be responsible for finding new tenants to fulfill the full 12 month term of the contract (by way of advertising myself in local media). Is this correct?

    Many thanks
    Ian

  • #2
    Originally posted by margetti View Post
    I have an AST, the Term being "a term certain of one year from 15th January 2007 to 14th January 2008"; for what it is worth, this is the 3rd year of residence in this property, each year being agreed by way of a new AST.

    The contract has the following break clause:

    "This contract has a minimum term of six months. Should the tenant wish to vacate on or after this period one months notice in writing is required. Should the owner require vacant possession on or after this period two months written notice will be given. All tenants must sign this agreement before the keys are released. Any changes to the agreement will incur a £120 fee plus an additional £80 administration fee per new tenant."

    A few questions, the answers to some (hopefully) fairly obvious but would appreciate clarification... note that I have no complaints against the landlord - I just want to move to larger premises with a new partner...

    1. My presumption is that if I give written notice on or before 14th June then I can vacate the premises on the 14th July (being 6 months after 15th January) - is this correct? yes

    2. Do the dates of any notice have to revolve around the date of contract (ie the 15th) or can notice be given at any time of the month (and therefore a monthly pro rata rent due)? yes, notice is normally given on a rent payment date i.e. 15th

    3. I am confused as to what the reference to the £120 and £80 fees means in practice - does this mean that by invoking the break clause, and leaving before the full 12 month term, I will be subject to these fees of £200? i would def check with your agent about this, this could means costs incurred to change the wording in the agreement and not vacating

    4. I did try to discuss the situation with the lettings agent, but came away more confused than when I went in! However, I was clearly informed that in invoking the break clause, I would be responsible for finding new tenants to fulfill the full 12 month term of the contract (by way of advertising myself in local media). Is this correct? where does it say this in your contract, from what you have written it clearly states that you can give notice so dont see why you have to pay any costs

    Many thanks
    Ian
    I would email them these queries and then U have replies in writing.

    Comment


    • #3
      Many thanks for the prompt reply! With ref to question 4, no there is no mention of this i the contract whatsoever, hence my surprise in being told of what seemed to me a strange statement.

      Many thanks again - will get back in touch with agent by writing.

      regards
      Ian

      Comment


      • #4
        A break clause is an early termination clause. You should not have to find a tenant after the sixth month. Speak to the franchise holder, not any of the pre-teen clerks.
        ASSUME NOTHING - QUESTION EVERYTHING!

        Comment

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