Break Clause

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

    Break Clause

    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
    England
    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
    AST sole tenant
    Q3 – What date did current TA start dd/mm/yy?
    15Aug13 (first contract) 15feb17 (current AST agreement)
    Q4 – How long was initial fixed term (6/12/24 months / other)?
    6 months
    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
    6 monthly
    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
    Yes
    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).

    Q8 – Does the landlord live in the same property as the tenant?
    no

    Hi, I've done a search on these forums and found two posts that I don't understand and seem to me conflicting:

    http://www.landlordzone.co.uk/forums...t=break+clause
    http://www.landlordzone.co.uk/forums...t=break+clause

    So a break clause in a fixed term AST is invalid for a landlord in all cases, no matter what the tenancy agreement says? And will I have the excess rent returned to me? Because a variation of the below has been put in every AST supplementary agreement since my tenancy started:

    Deed of Variation
    These listed additional clauses, as detailed below, should be read as incorporated in the Tenancy Agreement:
    1. Break clause – Notwithstanding the Term of this Tenancy
    1.1. The Landlord shall be entitled to serve upon the Tenant Statutory Notice of not less than two calendar months pursuant to Section 21 of the Housing Act 1988 to break this tenancy. Such Notice:
    1.1.1. May be served notwithstanding the rental payment period of the Tenancy and any advance rental payment that may have been made.
    1.1.2. Shall be served in writing and in accordance with the Tenancy Terms and Conditions.
    1.2. The Tenant shall be entitled to terminate this Tenancy by giving not less than two calendar months’ notice to break this tenancy provided that such Notice:
    1.2.1. Shall be served in writing and in accordance with the Tenancy Terms and Conditions.
    1.3. The Tenant acknowledges that should a Notice of termination be issued, such Notice cannot be rescinded.
    My landlord has been trying to sell the property I'm in basically since I moved in. I had a bad start with the Lettings Agent and they are very unforgiving. There's been a lot of viewings in the past 4 years and they sold the property just now but the lady backed out.

    Thanks.

    #2
    The break clause is irrelevant as your tenancy is (you say..) 6-months fixed term & he can't issue any s21 to end tenancy prior to at least 6 months after start of fixed term.

    Has he served any form of notice and/or break clause?? If so could you quote what it says please?? (No names or addresses..)
    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
      He can issue a section 21 after 4 Months I believe!!

      Comment


        #4
        Originally posted by theartfullodger View Post
        The break clause is irrelevant as your tenancy is (you say..) 6-months fixed term & he can't issue any s21 to end tenancy prior to at least 6 months after start of fixed term.

        Has he served any form of notice and/or break clause?? If so could you quote what it says please?? (No names or addresses..)
        Thanks. The landlord hasn't served a notice yet. The break clause was put in the supplemental agreement to the AST agreement and it is the 'Deed of Variation' that I posted as a quote in my post above and now below. I signed the agreement. So even though I signed it it is not enforceable.

        Deed of Variation
        These listed additional clauses, as detailed below, should be read as incorporated in the Tenancy Agreement:
        1. Break clause – Notwithstanding the Term of this Tenancy
        1.1. The Landlord shall be entitled to serve upon the Tenant Statutory Notice of not less than two calendar months pursuant to Section 21 of the Housing Act 1988 to break this tenancy. Such Notice:
        1.1.1. May be served notwithstanding the rental payment period of the Tenancy and any advance rental payment that may have been made.
        1.1.2. Shall be served in writing and in accordance with the Tenancy Terms and Conditions.
        1.2. The Tenant shall be entitled to terminate this Tenancy by giving not less than two calendar months’ notice to break this tenancy provided that such Notice:
        1.2.1. Shall be served in writing and in accordance with the Tenancy Terms and Conditions.
        1.3. The Tenant acknowledges that should a Notice of termination be issued, such Notice cannot be rescinded.

        Comment


          #5
          If the latest agreement has a six month term as well, the landlord doesn't need a break clause and can simply serve notice under s21 anyway at this point.
          That will expire after the six months term, at which point there will be a periodic tenancy with a six month term (if you pay 6 monthly - as opposed to paying monthly but handing over six installments in advance).
          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


            #6
            Originally posted by theartfullodger View Post
            The break clause is irrelevant as your tenancy is (you say..) 6-months fixed term & he can't issue any s21 to end tenancy prior to at least 6 months after start of fixed term.

            Has he served any form of notice and/or break clause?? If so could you quote what it says please?? (No names or addresses..)
            Thanks. The landlord hasn't served a notice yet. The break clause was put in the supplemental agreement to the AST agreement and it is the 'Deed of Variation' that I posted as a quote in my post above and now below. I signed the agreement. So even though I signed it it is not enforceable.

            Deed of Variation
            These listed additional clauses, as detailed below, should be read as incorporated in the Tenancy Agreement:
            1. Break clause – Notwithstanding the Term of this Tenancy
            1.1. The Landlord shall be entitled to serve upon the Tenant Statutory Notice of not less than two calendar months pursuant to Section 21 of the Housing Act 1988 to break this tenancy. Such Notice:
            1.1.1. May be served notwithstanding the rental payment period of the Tenancy and any advance rental payment that may have been made.
            1.1.2. Shall be served in writing and in accordance with the Tenancy Terms and Conditions.
            1.2. The Tenant shall be entitled to terminate this Tenancy by giving not less than two calendar months’ notice to break this tenancy provided that such Notice:
            1.2.1. Shall be served in writing and in accordance with the Tenancy Terms and Conditions.
            1.3. The Tenant acknowledges that should a Notice of termination be issued, such Notice cannot be rescinded.

            Comment

            Latest Activity

            Collapse

            • Reply to Deposit Negotitations with Landlord
              by jpkeates
              The process seems to have changed recently.
              The landlord claims from the deposit and that claim should have a summary of what they are claiming and why.
              You dispute that and then you both have one chance to explain your side of the story.
              But you do that with only access to what the...
              18-09-2020, 13:57 PM
            • Deposit Negotitations with Landlord
              by Maymiss
              I am moving out of my rented home shortly, i have caused some damage which I notified the landlord of when it happened and they have recently visited to discuss the cost of repairs, which we have agreed. The landlord is now asking that I pay this money to them directly. It is not possible for the work...
              03-08-2020, 11:47 AM
            • Reply to Section 21 issued with new tenancy
              by jpkeates
              Every notice escalated to court is recorded and the figures published quarterly, so breaking out the s21 notices from the s8 shouldn't be complicated.

              Two of the links are to House of Commons research papers, to be fair!...
              18-09-2020, 13:51 PM
            • Section 21 issued with new tenancy
              by fmST1
              When a new tenant moves into a property, I get them to sign a section 21 so that if whatever reason things don’t work out, the necessary paperwork is already in place.
              I’ve never had a need to exercise this yet, but would it work?...
              11-09-2020, 08:43 AM
            • Reply to Part furnished
              by jpkeates
              It depends on your local market.
              Mine seems expect a fridge freezer and washing machine as an "unfurnished" property.

              Blinds not curtains and it varies - usually whats been left behind (have had to add some blind safety hook things in the past).

              Check ads for...
              18-09-2020, 13:48 PM
            • Part furnished
              by Chester Perry
              Our property was let part furnished however upon leaving the Ex. tenant took it upon himself to relieve us of the white goods and wooden blinds.

              The dishwasher, washing machine, 2 x fridge freezers and wooden blinds throughout were actually ones purchased when the property was our main...
              18-09-2020, 13:34 PM
            • Reply to Housing First - what are your thoughts?
              by boletus
              What are your arrears, ASB, and eviction rates as a % of all tenancies?
              18-09-2020, 13:41 PM
            • Housing First - what are your thoughts?
              by LandlordLiaisonOfficer
              Hello,

              I work for a homeless charity and I am hoping you don't mind me bending your ear and gaining some landlord insight on a model we are imminently implementing for some of our service users.

              Traditional housing models within the homeless sector require the service user...
              18-09-2020, 12:32 PM
            • Reply to Guarantor agreements
              by AndrewDod
              I suppose the real questions is not "what tricks do I need to try to get around these potential massive risks"
              but rather
              a) "how much extra premium should I charge on rents to offset these massive risks" - 10%, 50% ?
              and
              b) What criteria does a potential...
              18-09-2020, 13:33 PM
            • Guarantor agreements
              by CHARLIEMAN
              Hi all,

              I am asking a prospective tenant to provide a guarantor and was wondering how the deed should be dated with regards to the term of the tenancy. The tenancy will be a 6 month assured shorthold agreement but I would want the guarantor to continue to act for the duration of the periodic...
              16-09-2020, 14:22 PM
            Working...
            X