Break Clause check

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Break Clause check

    Hi I wish to end my tenancy before the full term as I am no longer comfortable in the property/ its not meeting my needs. I have been in the property 7 months. The AST is for 24 months.
    This is the wording in the agreement:

    Special conditions:

    The tenant/s or landlord may bring the tenancy to an end at any time before the expiry of the Term (but not earlier than six months from the commencement date of this agreement whichever shall be the later) by giving either the tenant/ landlord not less than two months written notice stating that the tenant wishes to vacate the premises.


    My question is I just want to check this definitely gives me the right to terminate the agreement early?
    Also do I need to give a valid reason/ is this dependent on the landlord giving permission or can I just put in writing that I wish to terminate the agreement and vacate the property in two months from the date of the letter? (are there any template letters in the forum or online/ suggested wording for this?)

    Thanks, Steve

    #2
    I believe it does: and end on any date, not necessarily ending on a rent-day.

    It doesn;t seen to specify (odddly) how the notice needs to be given: I would serve it, in writing (ie on paper) to the address for serving notices to landlord you have been given: Copy to any other address you have for landlord, and to agent, and by email if possible to both. I would allow 3 working days for post delivery for the expiry date. Maybe mention you are executing break clause 24.3 (or whatever it's number is).

    If there is an argument about validity of notice then leave when your notice expires, take LOADS of photos of the place (ideally with witness) and see if he sues for unpaid rent. Then a judge (may have to..) decide.

    Do you need a reference?

    Let us know landlord reaction.
    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


      #3
      Hi thanks for that. Yes I will need a reference on my next rental. Ive been (IMHO) an excellent tenant - never missed a months rent, always paid on time / looked after & respected the property etc. My previous landlord would give me a reference I know as I still have contact with them - however Im not sure about the current one - Im concerned that leaving earlier then they thought although within the terms of the contract might leave them with a bad taste in the mouth and then write a bad reference. Any suggestions for avoiding that or any way round that for the next property I rent?

      Comment


        #4
        Who requested 2 year AST you or LL?
        Just be upfront over reasons for activation of break clause 7-8 months into a 2 year Fixed Term.

        Comment


          #5
          LL requested 2 yr AST - does that make any difference?

          Also just to confirm if I e.g. made request to terminate AST with 6 month Clause giving 2 months notice on 30th December this year my final day in property would be 28 feb?

          My final standing order rent payment would be end of Jan? - my contract stipulates:
          "Rent: £xxxx payable in advance by equal monthly payments on the 30th day of every month by the way of a standing mandate."

          So Is that correct my final payment would be end of Jan just to confirm?

          Thanks for your help - it is much appreciated!

          Comment


            #6
            Does the contract contain words relating to the tenancy period.
            Something like this agreement commences on 30th June and continues for 24 months until 29th June 2017?
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Yes that's right - "term: for the term
              Of 24 months commencing 30th April 2016".
              The 6 month break clause as mentioned above is at the end of the contract as a special condition

              Comment


                #8
                Well other than the obvious problem that February doesn't actually have enoough days, your dates look right.
                The rent payable on 30th January would be your last payment.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  I don't think the landlord will have any cause for complaint.

                  The AST gives you full right to terminate before the 24 months and you are giving full and fair notice.

                  You could maybe show willing in allowing viewings in order he can have it quickly relet and then there will be no reason he won't support you with a sound reference.

                  Comment


                    #10
                    The landlord seems to have issued what amounts to a fixed term agreement for six months, and incorporated twice the normal notice requirement for the next 18 months, if the tenancy lasts that long - that's quite a neat trick ...

                    Comment


                      #11
                      Thanks for your replies. Yes I guess it works both ways - in this way the break clause has been useful to me although I can see it the other way round. I wonder how common this kind of break clauses are when renting property from an agency rather direct with a LL - anyone have info on that as I have only ever dealt directly with a LL?

                      Thanks, Steve

                      Comment

                      Latest Activity

                      Collapse

                      Working...
                      X