Break Clause

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    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

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