Tenancy Agreement Break Clauses

What are break clauses in Tenancy Agreements?

A break clause is a clause in a tenancy agreement that provides both tenant and landlord the opportunity to terminate the tenancy agreement early during the fixed-term (e.g. the tenant can terminate a 12 month tenancy 6 months into the term). Essentially, either party can “break” the tenancy before the fixed end date, as long as the correct procedures are followed.

However, it’s important to note, the landlord doesn’t have a guaranteed right to possession with a break clause during the first 6 months of the tenancy (i.e. a break clause can only be enforced after 6 months), unless there are grounds for eviction (e.g. rent arrears).

Here is an example of a break clause (please do NOT use it without seeking legal advice):

7.9 Tenancy Break Clause
7.9.1 In the event that the Tenant shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof he shall give the Landlord not less than one months previous notice in writing of such desire and shall up to the time of such determination pay the rent and observe and perform the agreements and obligations on the tenants part.

7.9.2 If the Landlord shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof he shall give the Tenant not less than two months previous notice in writing of such desire then immediately upon the expiration of such notice the tenancy hereby created shall cease and be void.

Serving notice to break the tenancy

The landlord is required to provide at least two months notice to the tenant if they wish to enforce the break clause by serving a Section 21 Notice. So for example, if the tenancy starts on 1st of January, the landlord should serve notice by 1st May (i.e. tenant should have received notice by then), which means the tenant should vacate on July 1st (6 months from when the tenancy began).

If the tenant wants to enforce the break clause, the minimum notice required should be clearly stipulated in the break clause (1 month notice period is normal). Additionally, there might be certain conditions attached to the clause that need to be met. For example, it may stipulate that the tenant must have paid all of the rent due before they’re allowed to use the break clause.

Tenants should serve notice in a written notice, known as a tenancy surrender notice. It’s also worth noting that if the tenant wishes to end the tenancy on or after the fixed end-date, they only need to provide one months’ notice- that is their statutory right.

What if the tenant vacates early?

This isn’t really a problem, and the reality is, landlords can’t physically prevent tenants from vacating early. However, the important thing to remember is that the tenant will remain liable for the rent until the last day of the termination date (based on the break clause end-date).

Why the break clause is used

Break clauses really are about flexibility for both tenant and landlord. They provide landlords/tenants the opportunity to break a tenancy if personal circumstances change. This could include scenarios such as relocating for work related purposes, changes financial circumstances, or even because the relationship between the tenant and landlord turned sour.

The reason I don’t use break clauses

I personally don’t use break clauses in my tenancy agreements, the reason being is that they don’t seem convincingly reliable (from what I’ve read and been told), which makes them kind of scary to me. Let me explain…

Assuming the landlord is relying on the break clause by serving their tenant with a notice- if the tenant refuses to vacate and remains in the property, the landlord will need to issue court proceedings so they can get a order possession from the Judge. The Judge will then look at the break clause to see if it is valid. If the Judge is not happy with the clause the landlord will not get possession.

Why wouldn’t the clause be valid? The break clause is one of those clauses that can be drafted and interpreted in many ways (apparently). If the clause is clearly drafted and equally fair to both parties, the landlord will have a better chance of getting possession. However, if the clause is poorly drafted and deemed unfair (e.g. if it is in the favour of the landlord), it is very unlikely that it will be enforceable.

To be fully enforceable in law, break clauses need careful drafting with a high degree of legal expertise – these agreements should be drafted by a solicitor or barrister, or obtained from a known reliable published source. But ultimately, every clause in a tenancy agreement needs to be deemed as “fair”

My preferred alternative to a break clause

Personally, I’d rather just issue my tenant with a 6 month tenancy agreement (that’s the minimum term allowed). That way, if the tenant or landlord wishes to end the tenancy, they can do without relying on a break clause. But also, and perhaps more crucially, if the tenant refuses to vacate after a valid possession notice (Section 21) is served by the landlord, the Judge should grant possession immediately, no questions ask, because the tenancy’s fixed term would have.

In the event that after the 6 months both parties are happy to continue the tenancy, then the tenancy can either roll onto a Periodic Tenancy or a new tenancy agreement can be issued.

Issuing a 6 month tenancy just seems much safer and reliable because there’s little margin for error in comparison.

Mutually terminating the tenancy early

If at any point during the fixed term both landlord and tenant agree to mutually terminate the tenancy (for whatever reason), whether there’s a break clause or not, the normal procedure is for the tenant to vacate all his/her possessions and hand back the keys.

In the event that the tenant wants to surrender the tenancy without the landlords agreement, the tenant will be contractually obliged to pay rent for the entire length of the fixed term. Similarly, if the landlord wants the tenant to vacate early while the tenant has no interest, the landlord cannot reposes the property early without grounds for eviction.

Here’s a blog post which covers many of the legal methods of terminating a tenancy.

Need [free] legal advice on enforcing a break clause or ending a tenancy?

If you think you could benefit from some professional advice on ending a tenancy – whether you’re looking to enforce a break clause, or you’re having problems removing a tenant, you can grab some free landlord legal advice from LegalforLandlords (100% no obligations).

Do you use break clauses?

Do you use a break clause in your tenancy? If so, I’d be interested to see what it says. Would you mind copy/pasting it? Also, has anyone ever enforced the break clause?

198 Comments- Join The Conversation...

Showing 148 - 198 comments (out of 198)
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Vince 4th December, 2017 @ 23:46

@David
@MdeB

Thank you so much for your replies. They're really helpful.
We'd really like to avoid all these hassles if we can and avoid to antagonise them, if possible.
We also did already contact the landlord and explained the situation, but he replied as if he didn't want to deal with us, telling us we should talk to the agency and that he just wants to have a decent notice so that he wouldn't be without income.
We know that before we moved in, they had to decrease the rent by 50£ because apparently they couldn't find anyone. Not sure why, but perhaps agency fees could have been an issue.
So we believe they told the landlord that it's very difficult to find someone within a month.
We already asked several times to stay on a periodic tenancy, but even after explaining the situation to the landlord, the agency told us he absolutely wants a fixed term.
That's why we tried to meet them halfway and told them we would guarantee to pay the rent until we find a replacement and arrange viewings. We really think we could find someone pretty easily. It's a nice house, in a pretty good location too, and the rent I would say it's pretty average. Not too low, not too high.
We don't want to risk being evicted, as I don't know if/when/where I might find a new job, and also don't want to risk having a bad reference.
Vince

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David 5th December, 2017 @ 01:34

@Vince

So you have answered your own question, you are not prepared to take the risk of the S21 or bad reference, so sign for the new tenancy with the 6 month break clause and the increased rent.

However, I would still ask them for a copy of the agreement before you sign it, if not you sign it and write "signed under duress not given opportunity to read agreement" underneath, that way if there are any issues a Judge will see that, make sure that there are two copies that you sign, not one and they say they will send you a copy. Take a photo as you sign.

Still worth checking deposit protection and PI on both tenancies once signed.

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vince 5th December, 2017 @ 09:53

@David

Sorry maybe I didn't understand very well. Why you say 6 month break clause? You mean that even if it's a 2 months break clause contract, we still need to wait for the first 6 months before being able to move out?
They initially offered us a no break cause contract, that became a 6 months break clause. Then after telling them even a 6 months break clause is too restrictive for us, they offered a 2 month break clause.

We will definitely ask for a copy of the agreement before paying for it. For the first contract, they used DocuSign and we signed the digital contract online. Will that be enough? I guess they will use the same for the new one too.

For the deposit this is what the contract says:

The Deposit is held by the Agent as Stakeholder. The Agent is a Member of the Tenancy Deposit Scheme. At the end of the Tenancy the Agent, shall return the Deposit to the Tenant, without interest, subject to the possible deductions set out in this Agreement.

Could this be a problem?

Also, could you explain what is a PI?

Thank you very much

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David 5th December, 2017 @ 11:30

@Vince

Sorry I thought you had said a 6 month break clause, a 2 month break clause is pretty reasonable to be honest.

What most Landlords want is their properties rented as long as possible with no voids, ideally by someone who will look after the property as they would their own.

I think the most important thing is you try to maintain a cordial relationship with the Landlord, sometimes the agent is in the way of that but either way your Landlord has indicated they wish you to deal with the Agent.

The law says that any deposit taken in connection with a tenancy must be protected in one of the three Government approved schemes, these are run by DPS, TDS and MyDeposits.

There are two methods of protection, Custodial or Insurance Backed, for the Custodial the actual money is paid to the deposit company while with the Insurance backed scheme the Landlord or Agent pays a fee and keeps the money. The insurance will payout if the Agent or Landlord go bust and the TDS would call the money if there was a dispute at the end of the tenancy. The most common dispute is the difference between fair wear and tear vs actual damages.

It seems that your agent uses TDS, but that entry in your lease does NOT mean they protected your deposit. Agents are renowned for screwing this up, in theory all they have to do is give the TDS the details of your tenancy, the deposit amount, date, property address, your name, mobile number, email etc and pay the fee. Yet it is astonishing how many agents fail at this simple task.

Some agents get kicked off the insurance scheme because the deposit company has concerns about their liquidity or behaviour after complaints received.

Some policies expire because they are not renewed by the agent or Landlord.

Usually you would know if your deposit had been protected because not only do the deposit company send you an SMS or Email (as well as give you a Deposit protection certificate) but the you have to be given the PI by the Landlord. The Deposit Protection AND PI must be completed within 30 days of taking your money.

When the Deposit Protection legislation came in there was a lot of resistance from dodgy Landlords who seemed to think the deposit was their dilapidation fund for redecorating or replacing white goods etc. Some protected the deposit but did not tell the tenant where it was protected, how they could access it or how they could dispute any claim on their deposit.

So the law was tightened up and Landlords (or their agents) were obliged to provide the exact details prescribed by the new law. The PI is short for the Prescribed Information and this is what the law says

Prescribed information relating to tenancy deposits

2.—(1) The following is prescribed information for the purposes of section 213(5) of the Housing Act 2004 (“the Act”)—

(a)the name, address, telephone number, e-mail address and any fax number of the scheme administrator(1) of the authorised tenancy deposit scheme(2) applying to the deposit;

(b)any information contained in a leaflet supplied by the scheme administrator to the landlord which explains the operation of the provisions contained in sections 212 to 215 of, and Schedule 10 to, the Act(3);

(c)the procedures that apply under the scheme by which an amount in respect of a deposit may be paid or repaid to the tenant at the end of the shorthold tenancy(4) (“the tenancy”);

(d)the procedures that apply under the scheme where either the landlord or the tenant is not contactable at the end of the tenancy;

(e)the procedures that apply under the scheme where the landlord and the tenant dispute the amount to be paid or repaid to the tenant in respect of the deposit;

(f)the facilities available under the scheme for enabling a dispute relating to the deposit to be resolved without recourse to litigation; and

(g)the following information in connection with the tenancy in respect of which the deposit has been paid—

(i)the amount of the deposit paid;

(ii)the address of the property to which the tenancy relates;

(iii)the name, address, telephone number, and any e-mail address or fax number of the landlord;

(iv)the name, address, telephone number, and any e-mail address or fax number of the tenant, including such details that should be used by the landlord or scheme administrator for the purpose of contacting the tenant at the end of the tenancy;

(v)the name, address, telephone number and any e-mail address or fax number of any relevant person;

(vi)the circumstances when all or part of the deposit may be retained by the landlord, by reference to the terms of the tenancy; and

(vii)confirmation (in the form of a certificate signed by the landlord) that—

(aa)the information he provides under this sub-paragraph is accurate to the best of his knowledge and belief; and

(bb)he has given the tenant the opportunity to sign any document containing the information provided by the landlord under this article by way of confirmation that the information is accurate to the best of his knowledge and belief.

https://www.legislation.gov.uk/uksi/2007/797/article/2/made

If the deposit is not protected or the PI not served within 30 days then the tenant can be paid a sanction of between 1x and 3x the deposit, per tenancy. They can make a claim up to 6 years of being made aware of the failure.

So your first port of call is to check the deposit has been protected, if you use the links below and enter your surname, deposit amount and postcode of the property etc it will tell you. The first one is TDS but you should check all three.

http://bit.ly/chkdep1

http://bit.ly/chkdep2

http://bit.ly/chkdep3

Now if it does not show protection you do not have to bring a claim right now or even at all, consider it an insurance policy, so if and when you leave if the deposit is not returned in full and promptly then you have leverage.

To be honest your agent is incompetent because they should never have allowed the tenancy agreement to expire, their original tenancy should have been a contractual periodic which means that after the initial term expired it should have reverted to a month to month tenancy with the 2 month notice for each side. In fact to avoid more fees a year down the line I suggest you come back recommending that they make the tenancy agreement a contractual periodic tenancy so you and Landlord avoid further fees for tenancy preparation.

Now because of their incompetence you have an SPT, they may try to cover this up by backdating any new contract, you should reject his, any new contract needs to start on the day it is signed or a day after, but not as a continuation of the previous agreement.

If they did not protect your original deposit or issue you with PI within 30 days then if you can stall them till 30 days of the SPT it will have created two failings and double the potential sanction liability.

So in the first place ask for an electronic copy of the proposed contract, then say you need to take legal advice on the contract for 14 days, then after 14 days come back and suggest it is revised to be a contractual periodic, then review that agreement (I am happy to review an agreement for you and can give you a method to send me a private link). Then you agree to the new tenancy with effect from a date that is at least 31 days after the SPT. Note if the original tenancy started after Oct 2015 and WAS protected and remains CONTINUOUSLY protected then it is deemed to protect the SPT, but a lot of the Insurance backed schemes expire.

Now if there is one thing we can depend on it is that an incompetent agent is true to their nature, so if they screw up on deposit protection once they may do it again.

They may have protected but not issued the PI, they may have protected but it expired with the tenancy (so not continuous protection), they may not have given your details to TDS. There are so many permutations I can't list them all, so post back here if you have a specific query.

So when you do your checks you need to take screen shots or jing videos and save the web page if it says it was not protected. I would then follow up by calling the TDS if not found and ask them to confirm it was not protected, if they confirm it was not protected ask for a confirmation of that by email or letter.

Do NOT give them the details of the Agent or Landlord, just the property address and the amount and the month take plus your name.

The idea here is to obtain leverage and insurance for you later, I usually recommend a settlement which includes a positive reference, see the link below for more details

https://www.propertyinvestmentproject.co.uk/blog/tenant-threatening-legal-action-tenancy-deposit/

Overall I think your Landlord is being reasonable by offering you a 2 month break clause, you may not actually move so a contractual periodic is a sensible option for you and the Landlord.

All I am saying is do what makes sense for you and your circumstances and take necessary steps to protect yourself and give yourself leverage.

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MdeB 5th December, 2017 @ 11:41

@vince
If they are offering you 2 months' notice to get out at any time, then take it (but make sure that you can exercise tat right to terminate the contract at any point in the fixed term, and they are not tying you to at least 6 months. Maybe post the words here so that others can check).

PI is Prescribed Information. This is information that the Landlord must provide to the tenant (it can be in any form).
It is defined in "The Housing (Tenancy Deposits) (Prescribed Information) Order 2007", which can be found on-line. (the layout is a bit difficult to reproduce here).

Agent holding the deposit should not be a problem.
Looks like they are using the Insured scheme.
You should have received notification that the deposit had been protected, with reference number so that you could check.

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MdeB 5th December, 2017 @ 12:00

@Vince @David

Looks like David and I were replying at the same time.

A contractual periodic contract does little, if anything, for the tenant over a statutory periodic tenancy, but does offer advantages to the Landlord. Disadvantage to tenant is that they are stuck with notice terms in the contract when it goes periodic.

I suppose that, in theory, it could avoid renewal costs, but agents are likely to want a new contract anyway (to get their renewal fees).
Contractual periodic tenancies are also a problem with insured protection schemes, so agents might not go for it: some schemes do not recognise them and only have processes for becoming statutory periodic; all schemes probably require payment on going periodic.

If Vince can get a reasonable deal, then probably not worth antagonising agent and risking S21 by delaying tactics

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David 5th December, 2017 @ 12:31

@Vince

I stand by my original post, Most Agents are useless and incompetent self serving leeches in my opinion.

Of course they avoid anything that robs them of their ability to stitch up Landlord and Tenant alike.

There is no risk of S21 in delaying, you are merely asserting your rights, if the agent was not so incompetent they would have sorted this 3 months before the tenancy expired.

If they try to put pressure on you simply respond by saying, "please do not put me under pressure to rush into a new legal agreement which binds me without giving me adequate time to get professional legal advice. It is not my fault you are doing this so late in the day" (copy to Landlord).

Always be courteous when dealing with them.

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Jess 6th December, 2017 @ 00:54

You seem a bit of a hero David! Looking for some advice - housemate has breached contract with her partner moving in and agency doesn't really care/I can't prove it (he pays rent for his ex and kids, so on paper he does live elsewhere!) basically I'm sick of him leeching and listening to them argue all day every day.
There's a 6 month break clause with a 2 month notice period, but as it is a joint tenancy can I enact it without her permission?
As for the deposit scheme, I received confirmation for the first year we lived in the house August 2016 but have not received a new one for the new contract that started in August 2017 (I assumed it just rolled over, but CAB said no!)
Break clause specifics "this agreement may be terminated by either party giving at least two months notice in writing to expire at any time after six months from the commencement date of this agreement as specific in terms under the heading particulars in this agreement."

Cheers.

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David 6th December, 2017 @ 02:38

@Jess

Thanks for kind words but just doing what I can when I can.

For a tenancy that started after Oct 1 2015 where the original deposit was protected on time AND the PI issued on time, then it is deemed as served if that tenancy becomes SPT, i.e. if the tenancy expires and tenant(s) remain in property.

However, for a new tenancy agreement (not a one page renewal) they need to issue new PI, note that PI is not the confirmation from deposit company, it is a separate notice that contains all the information about the tenancy. This will differ from original tenancy in at least start date.

I have seen documents in Court papers from one the deposit companies where they are making an attempt to provide the PI in a new format. In my opinion it is only a matter of time before this is challenged, it is not provided by the Landlord and it misses some of the information required. We had this before with DPS terms, time and time again I saw them challenged, but the How to Rent doc had put paid to such claims (if provided).

The simplest way to find out if your deposit is still protected is to check these links with the details on the new contract

http://bit.ly/chkdep1

http://bit.ly/chkdep2

http://bit.ly/chkdep3

It needed to be protected within 30 days, in the event of a action for sanctions you would not be able to proceed without your housemate authorising you to bring the claim.

Usually it is the same for the tenancy, you are joint and severally liable for the performance of the contact.

The term you quoted talks about either party, but that usually means either the landlord or the tenant, in joint tenancies you usually both have to agree, but it depends on what else is said in contract.

I would need to see a scan of whole contract to be totally sure. If you want me to check, let me know and I will give you details of to get it to me.

It seems to me that your Landlord is actually in breach of the agreement, it will specify the names of the tenants and most tenancies have rules about guests, how long they can stay etc.

You could drop a line to the Landlord informing them that you have advised their agent that housemate is in breach of the agreement and either they enforce it or you take action to recover your losses. There is a loss of amenity if you have to share it with a 3rd person and it was intended for 2 people.

There are all kinds of aspects to this, you may not feel safe, your food could be being eaten, the two of them are creating a hostile environment.

You can report it to the Council to see if they consider it overcrowding, it is a bit thin but it creates a public record and you should provide a log of every day he has slept at your property. It does not matter that he pays rent elsewhere to an Ex, what matters is where he lays his head and how often, so create the log.

You need to think of your goal, getting them to enforce will probably piss off housemate and may make them difficult to live with.

If he were not a leech you might have offered for him to take over.

If the contract started 1st Aug 2017 with a six month break clause you are looking at February 1st as the earliest break, then December 1st was earliest day to give notice. So if you give the notice on 7th December the tenancy can be terminated on 7th Feb.

You might want to keep the housemate sweet by not attributing blame, just say you might be taking a new job and need to get out so you are bringing contract to an end.

See if she will sign a notice to quit, she may then decide to have tenancy in her name, take a new tenant or get the leech to man up.

If she will not sign notice to quit then you can spin it another way, say you will get her some cash, say around a third of the deposit. If she goes for that you get her to sign notice to quit and an authority for you to bring any claim against landlord on her behalf in respect of the Housing Act.

If she will not agree then you flip it, you approach the Landlord, say you want them to release you from your obligation and end the tenancy giving you back your deposit in full and providing you with a positive reference.

You say if they do this you will sign a settlement agreement not to bring a claim for their failure to protect deposit or issue the prescribed information within 30 days. In such an agreement you will agree not to authorise any claim.

You really have to do this direct with the Landlord, agents are renowned for getting in the way. They will give you all sorts of BS about your liability.

Your tenancy agreement and the original PI should have the details of the Landlord, if not you can request it and if the agent does not provide it you are entitled to temporarily withhold rent until they do.

You can of course pay £3 to Land registry site and get Landlords name and address from there. If the original PI does not include landlords details then it is invalid and even more sanctions may be liable.

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MdeB 6th December, 2017 @ 09:58

@Jess
Case law says that to exercise a break clause before the end of the fixed term requires the consent of all the people that signed as tenants; to end a periodic tenancy requires only notice from one of the tenants.

One thing that David missed is that the property is now a HMO (House of Multiple Occupation).
If HMO licensing is required in your area,then the landlord may be in breach of the law, and that would give you leverage to get something done.

Also David wrote "If the contract started 1st Aug 2017 with a six month break clause you are looking at February 1st as the earliest break, then December 1st was earliest day to give notice".
That is incorrect: December 1st is latest date that notice can be given (and that may be cutting it close); notice can be given at any time before December 1st (in this example). It is always best to give a few days over the 2 months, to allow for delays in delivery of the notice

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David 6th December, 2017 @ 10:16

@Jess

I stand by what I said in my post, it seems that MdeB just wants to respond for the sake of it, usually with anal retentive nit picking that do not help you or others reading the blog.

Your property will NOT be an HMO unless it exceeds 2 households, a couple is one and you are the other, that does not exceed 2, I have demonstrated before that MdeB struggles with maths.

With regard to your notice, I generally do not suggest that people go into a time machine and give notice.

The key part of your break clause is the "at any time after six months from the commencement date of this agreement"

So the only limit is AFTER six months which in the example I gave would be to expire ANY TIME after February.

So it being ANY TIME means there is no deadline, it is effectively a minimum term of six months which is what I said.

The contract may be terminated anytime after that subject to terms and will expire at the end of the term unless it is a contractual periodic.

"this agreement may be terminated by either party giving at least two months notice in writing to expire at any time after six months from the commencement date of this agreement as specified in terms..."

With regard to notice from both tenants, the most important thing is what the agreement actually says, which is why I suggested reviewing it.

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vince 6th December, 2017 @ 10:43

@David
@MdeB

Thank you so so much for all your advices! I really appreciate it.
We'll most probably accept the 2 months break clause.

We checked our deposit and yes it's an insurance backed TDS.
The certificate states:

"Ending on or after 27th November 2017"

Does it mean it's not expired? It doesn't say anywhere that it's continuously protected.
We did also receive the PI.

Many thanks

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David 6th December, 2017 @ 10:59

@vince

The terms will vary, some are protected for 3 months beyond a tenancy some expire same day.

Did you check online, did it say it was still protected online?

Your certificate is a snapshot of the status at the beginning of then tenancy. You need to check the terms, "ending on or after" means exactly that, is it referring to the tenancy or the protection?

I have seen agents kicked off or even them screwing up paperwork. There is no hurry just take screenshots and save the pages shown online.

For now get a copy of the proposed lease and review it.

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Jess 6th December, 2017 @ 11:43

@David

Deposit is held in DPS, under the same deposit ID as 2016, we did take out a new tenancy, not a renewal. The other tenant is lead tenant so unsure if she has had new confirmation. Landlord has stated the agency as his notice to address.

We haven't been on speaking terms for the last 4 months since leech moved in, she believes she's entitled to have him over because its her boyfriend. I've previously requested for him to take over the tenancy but he does not have ID, passport or bank account, even though he's working here and has lived here all his life.. They disagreed with taking over my half of the tenancy and paying higher bills/rent obviously.
I've started a diary of when he's here, it's my word against theirs so doesn't mean a lot. He's been here every day since the 7th November apart from 5 nights when they both went away and 1 night he spent in A&E for an overdose.

Would be great if you could look over the contract to see if I can use the break clause, the only thing I can see that joins us is under terms and condition it says "the tenant herby acknowledges that the rent and tenancy obligations are due jointly and severely from all tenants"

Thanks again
I'm in such a downward spiral at the minute and I just need to see a way out.

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David 6th December, 2017 @ 12:55

@Jess

To send me a PM, first click "Landlord Forum" at the top of this page, then register for that forum and click on the email sent to you to confirm your email address.

Then log into the forum and after logged in follow the link below.

http://bit.ly/davidpip

and send me a PM

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MdeB 6th December, 2017 @ 13:44

@david
@Jess

For someone who has suggested they have some form of legal expertise, you are very lax with accuracy.

It is important that accurate information is given, otherwise relying on that information may result in one having a legal position other than expected. It is not anal nit picking to correct inaccuracies in information provided.

Also a HMO is 3 or more people forming 2 or more households, not 3 or more households as you state.

I rarely struggle with maths, and have a degree in it.

I agree with David that if the contract allows one of the joint tenants to exercise the break clause, then you probably can (but it might be an unfair term on the other joint tenant), but if it does not say that, then it requires both of you to sign to to be valid.

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Jess 6th December, 2017 @ 14:22

@David
@MdeB

Thanks again both, no clue on the HMO thing, (my basic understanding is that its the same as tenants in common.) Leech is not on the tenancy so hasn't changed the actual tenancy only helped to break it.
Still looking for my get out of jail card.

Can I get out on the basis that the other housemate has breached the contract and therefore forfeited our joint rights?

As far I can see the deposit is still sitting 'active' in DPS, and expired 1/8/17. There's no new entry for the AST commencing on 1/8/17

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David 6th December, 2017 @ 14:51

@MdeB

You are really just showing yourself up to be some sort of keyboard warrior wanting a pissing contest or in plain terms you are a bit of a Pratt.

First you say I missed the HMO potential; I did not because it is not relevant, the guest is not a named tenant for a start, the lead tenant would suggest he is an occasional guest.

The HMO definitions are a combination of several factors, number of floors, number of tenants, number of households and even certain streets in some areas. Not all of these definitions are actually defined properly in Law or are left to the LA to define.

https://www.legislation.gov.uk/ukpga/2004/34/section/254

To make things more interesting, the Council can use
the Act to define things for themeselves:

(6)The appropriate national authority may by regulations—

(a)make such amendments of this section and sections 255 to 259 as the authority considers appropriate with a view to securing that any building or part of a building of a description specified in the regulations is or is not to be a house in multiple occupation for any specified purposes of this Act;

(b)provide for such amendments to have effect also for the purposes of definitions in other enactments that operate by reference to this Act;

(c)make such consequential amendments of any provision of this Act, or any other enactment, as the authority considers appropriate.

In addition to that there is a plethora of case law which I am not going to waste time on just because you are a Pratt.

It is just ridiculous to suggest that the property in question is an HMO.

You can suggest a property which is occupied by three of more unrelated persons, but the term unrelated is undefined in law and subjective, for example a household can be a single person or an extended family, children, step children, foster children, aunts, uncles, parents, mother in law or grandparents (there is a lot of cultural support here), not to mention sisters Brothers nephews cousins.

It can mean people that are married or people that live together as married, it can include same sex couples.

Knowing this and having got an alleged HMO allegation withdrawn quite recently, I do not waste mine or readers time with suggestion it is an HMO after reading her facts.

With regard to your maths, your alleged degree does not undo your mistakes, we are not talking about quadratic equations or binomial distribution which a teenager can do, but more like basic addition and subtraction of single digits; 6-2=4.

MdeB if you are not going to add actual value offering help then please refrain from nit picking, it detracts from the quality of the blog.

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MdeB 6th December, 2017 @ 19:25

@ David
It is a shame that you cannot accept when you are wrong and have to resort to insulting language that in no way helps readers of this site.
You have a lot to offer the posters with your knowledge and time.

My aim is to provide accurate information and to correct errors that may have been posted. Reliance by others on an error on your part will have no effect on you, but could have significant financial implications for tenants that rely on it.

I'm not sure why you introduced the term "unrelated"; it seems to be just so that you can shoot it down and hope that people will think it relates to something I wrote. I only mentioned Household, and that is well defined in the Housing Act 2004.

The definition of a HMO is well defined in the 2004 Act and does not depend on the number of floors. You are confusing "HMO" with "HMO requiring a licence".
That is why in my reply to Jess I said "If HMO licensing is required in your area".

You are right that the other tenant may lie about how often the man stays, but lying does not change the facts.

I say again that it is a shame that you cannot acknowledge when you are wrong, as it casts doubt on all the good stuff you have posted.

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MdeB 6th December, 2017 @ 19:36

@Jess 164

I think it unlikely that you could get out of the contract on that basis, but I have no knowledge or experience in that area.

Regarding the deposit, it depends on the agreements.
If both agreements were for the same tenants and the same property, and it is the DPS custodial scheme, then the deposit is properly protected.
If either of the first two are not met, then it should have been re-protected.
Otherwise, if it is the insured scheme, then you would need to look at the scheme's terms and conditions, or ask the DPS.

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Jess 6th December, 2017 @ 23:29

@MdeB
@David

Lads quit fighting. I need all the help I can get!

@MdeB
It's in a custodial DPS - But for a 12 month period starting 1st August 2016!

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MdeB 7th December, 2017 @ 12:28

@jess

Protection in the DPS custodial scheme never expires. That is why I use it.

Please confirm that the tenants are the same on the August 2016 and August 2017 agreements.
If they are not, then the deposit is not properly protected in law, but IS safe for the tenants.

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vince 20th December, 2017 @ 17:41

Can you confirm if this is right then? If we get a contractual periodic tenancy in a fixed-term contract with a 2 months break clause, does that mean that when the contract expires and goes periodic, we'll still have to give 2 months notice by contract, instead of one month, like for the statutory one. Is that correct? Just want to make sure they don't come up with excuses not to give us a contractual periodic tenancy.

Thanks!

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David 20th December, 2017 @ 18:28

@Vince

I just want you to be clear on the difference between a break clause and a notice clause.

Break means literally that, that you are looking to terminate the agreement in accordance with the terms laid out in the agreement.

Typically the Term may be 6 month, a year, 2 years, 3 years, so the break clause in such an agreement is a way to get out.

Some break clauses will say that you can exercise the break clause only after say 8 months and in such circumstances you have to give X months notice.

A notice clause on the other hand says that you have to give them X months notice of your intention to terminate (but still subject to the other terms).

For example a Landlord can give you a 1 year contract with no break clause and say you need to give them 2 months notice of your intention to terminate the agreement. Such an agreement would be unenforceable because the contract ends at the end of the term anyway. Such terms are usually put in so a Landlord can get adequate notice to get a new tenant and of course it is advisable to let a Landlord know if you wish to stay.

If you do not renew, extend or replace a tenancy but stay in the property at the end of the term then by law a Statutory Periodic is created. This mirrors the previous agreement, it is the best thing for the tenant as the tenant only needs to give one months notice while the Landlord has to give the 2 months notice on a proper S21 form.

A contractual periodic prevents a statutory periodic tenancy from being created because the terms therein are open ended, it may have a minimum term of say 6 months but say that thereafter it continues until terminated in accordance with the terms of the agreement, which may include a notice term of 2 months.

If there was minimum term of 6 months and a notice of 2 months and an a break term that came into force at 4 months you would need to give 2 months clear notice after 4 months had expired and this would correlate with the 6 month minimum term.

I just wanted to clarify this in case you are confusing a notice term of say 2 months and a term of 1 year with no explicit break clause, because that would mean you had to stay for 1 year and had to give notice 10 months in.

Hopefully by now you have seen the agreement and can see whether there is indeed a break clause.

You are currently on an SPT, make sure any agreement is not back dated, it should commence on or after day of signing.

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vince 20th December, 2017 @ 19:54

We didn't get the contract yet, as we were trying to see if we could get a better deal, while delaying everything too.
I'm not totally sure I understood all of this.
We told them we'll accept a 1 year fixed term contract with a 2 months break clause. So what exactly are these 2 months?
Does it mean that the minimum term is also 2 months? Or they can still put a minimum term of say 6 months?

Thank you

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David 20th December, 2017 @ 20:14

@Vince

A once year fixed term is fixed, that means you take it for a year.

The only way to get out of that is to have a BREAK clause it re-read this blog page to understand what a BREAK clause is, it can be worded in various ways

As the post above says here is an example

7.9 Tenancy Break Clause
7.9.1 In the event that the Tenant shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof he shall give the Landlord not less than one months previous notice in writing of such desire and shall up to the time of such determination pay the rent and observe and perform the agreements and obligations on the tenants part.

7.9.2 If the Landlord shall desire to terminate the tenancy hereby created at or at any time after the end of the first six months thereof he shall give the Tenant not less than two months previous notice in writing of such desire then immediately upon the expiration of such notice the tenancy hereby created shall cease and be void.

However it may not explicitly say it is a BREAK clause, it may just refer to a TERM of 1 year starting on X date and in that section say that contract may be terminated only after X months by giving X months notice.

If it does not have a term that allows such a BREAK then you are in it for a year.

Now you can still go, but you will end up liable if you leave early without there being a a break clause for Landlords costs, these have to be real and not some fake daily rate or admin charge.

I guess you can look at your previous agreement and see if it has a break clause.

2 Months NOTICE simply means that when you are allowed to go (via other clauses) you are required to give 2 months notice but as I said earlier if the contract ends in 2 months anyway it is just a hope clause.

So you should be looking for a clause that gives you a way out of the agreement, it may just say

"notice may be given to terminate this agreement anytime following 8 months after the start date"

It may have an "initial term" of say 6 months, and say

"notice may be given to terminate this agreement anytime following 4 months after the Initial term"

Which in that scenario would be 10 months and with 2 months notice would effectively be 12 months.

I can't give you every permutation of how your contract has been constructed, which is why you need to be given a copy of the proposed agreement so you can get appropriate legal advice.

You are entitled to request a change, cross out clauses and the Landlord is entitled to not agree, meanwhile until there is agreement the SPT continues and needs 2 months notice on the proper S21 form.

There is nothing really wrong with the SPT for the Landlord except that they are only entitled to 1 months notice, sometimes they are better sticking with the SPT.

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Jay 23rd May, 2018 @ 21:56

I have lives in property for over 5 years always paid rent on time and maintained property to a high standard renewed contract last nov 2017 for a further 2 years
Now landlord has given two months notice to vacate property as they want to sell
How do I go about it as still under a term of 18 months remaining help !!!!

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David 23rd May, 2018 @ 22:47

@Jay

Did the Landlord issue you with a S21 notice or just give you notice?

A S21 would only be legally valid if there were a break clause in the tenancy and the appropriate conditions have been met.

Without a break clause the S21 would be thrown out of Court, but some Landlords feel it is worth sending in case it makes you leave.

This may be an opportunity to negotiate a fee to leave

You do not have to show potential buyers around if it is not convenient and you may change the locks (regardless of what the tenancy agreement says) as long as you change the cyclinder back when you eventually leave.

If you wish me to look over your agreement

Click the Landlord forum link above or this link

https://www.landlordforumproject.co.uk

Join that forum

Click on the link you get via email

Login in to the forum

Then click on the link below to private message me

http://bit.ly/davidpip

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Adrian 6th June, 2018 @ 07:11

Hi,

See below extract from the break clause. the agent is saying that notice supossed to be given in the sixth month and not before or after. move in date was 13 of November 2017 and is a 12 months ASP with the 6 month break clause. I think the break clause is unfair as is not straight forward, diferrent clause for tenant than landlord and I'm struggling to understand it.

2. Break Clauses Landlord’s Break Clause

The Tenant agrees that the Landlord has the right to terminate the Tenancy after the first Six Months by giving the Tenant not less than two months notice in writing to end the Agreement. The notice must expire at the end of a relevant period, being the 13" day of the month. When the notice period expires the Agreement shall cease. This does not affect the right of either the Landlord or the Tenant to pursue their legal remedies against the other for any existing breach of any rights under the Agreement.

Tenant’s Break Clause

The Landlord agrees that the Tenant has the right to terminate the Tenancy after the first Six Months by giving the Landlord not less than two months notice in writing to be served by first class post or hand delivery to the address:
to end the Tenancy. The notice must be served prior to the date upon which it takes effect but cannot take effect any earlier than 1 t May 2018 and cannot expire any earlier than 13" July
2018. Such notice must expire at the end of a relevant period, being the 13* day of the month. When the notice period expires the Agreement shall cease. This does not affect the right of either the Landlord or the Tenant to pursue their legal remedies against the other for any existing breach of any rights under the Agreement.

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David 6th June, 2018 @ 17:40

@Adrian

You are right that the break options of the Landlord and Tenant must be substantially the same or it becomes an unfair contract term.

The restrictive dates and terms also are unfair contract terms

He also can't enforce the 2 months notice.

I can help you draft a letter to the Landlord if you contact me via the forum, see post 175 for instructions on how to do this.

The Landlord has to mitigate his loss, so he has to try to get a new tenant at the earliest possible convenience, the fact that you can get tenants free via OpenRent shows there is no loss.

Landlords think that they can write any old shit in a tenancy agreement but that does not make it valid or enforceable.

I would need to see the agreement but if badly drafted such daft restriction might not only void the restrictive terms but the whole agreement rendering it a Statutory Period Tenancy.

In any claim a Judge would kick out those restrictive terms and simply say that you are entitled to give notice after the first Six Months, that is the mutual spirit of the agreement. The window of time would be rejected.

Have you checked that your deposit was protected properly?

If not there is a sanction payable and this can often be leveraged to reach an agreement.

Have a check on the following links for the three schemes.

http://bit.ly/chkdep1

http://bit.ly/chkdep2

http://bit.ly/chkdep3

Do not provide too much detail here that may identify you or your landlord, use the forum.

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MdeB 6th June, 2018 @ 22:46

@Adrian #176:

In my non-legal opinion, the clauses appear to be very poorly written.

The first sentence of each clause appears to say that the tenancy can be ended at the 6-month point, but the subsequent paragraphs appear to suggest that the intent is that the tenancy can be ended at the end of any month from the 8th month onward.

The tenant clause then says "cannot take effect..." and "cannot expire...". These seem to me to mean essentially the same, but they have different dates, making it ambiguous.

Assuming that you had no opportunity to influence the clauses, I believe that the law says that where clauses in consumer contracts are ambiguous, they should be interpreted to the benefit of the party that did not write the contract.

Therefore, if the landlord is trying to get you out and you do not want to go, then it would seem reasonable to me for you to argue that the landlord clause allows notice to expire only at the end of 6 months.

If you are trying to get out and landlord/agent doesn't want to let you (because they are saying "only at end of 8 months") it seems reasonable to me to argue that "at the end of a relevant period" means that you can end the agreement at the end of any month by giving 2 months notice. Any other interpretation would be unfair (imo).

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MdeB 6th June, 2018 @ 22:53

@david #177

You wrote "You are right that the break options of the Landlord and Tenant must be substantially the same or it becomes an unfair contract term."

That is not quite right. If it is unbalanced in favour of the landlord it is unfair, but if in favour of the tenant (consumer) it is fair.

I often include break clauses allowing tenant to end agreement early but not me (landlord), as I understand that people's circumstances change.

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Gina 19th August, 2018 @ 21:26

Hi,
I please need some advice. I have an 6 Months fixed term contract and I have to terminate early because of personal circumstances. My Tendancy Agreement says the following for termination:
1 Ending the Tenancy
1.1 If the Tenant intends to vacate at the end of the fixed term, or at any later date, he
agrees to give the Assigned Property Manager at least thirty days prior Notice in
writing by registered post before the 1st of each month.
1.2 While the tenancy is periodic the thirty days written Notice must expire the day before
a Rent Due Date.
1.3 If the Tenant intends to vacate on the contract break date as outlined in paragraph 1.6,
he agrees to give the Assigned Property Manager at least thirty days prior Notice of
the break date in writing by registered post.
1.4 If the Tenant terminates the tenancy during the fixed term, whether notice has been
given or not, then the tenant agrees to pay a £500 early termination fee to cover the
costs of re-marketing, voids, etc… which will be deducted from the deposit.

My landlord is telling me that I have to pay for the 6 Months (until there is a new tenant found) + the 500 Pound and it has to be to the 1st of a Month.
What I see is as we have an early termination clause I do not have to pay further then my time of notice. Also in 1.1 it is mentioned to terminate on the 1st of a month at the end of the contract or after, not before. Also the fee of 500 Pounds to claim for "costs of re-marketing, voids, etc..." seems to me a little bit high as in earlier comments said "you can advert for free at sites like OpenRent".

What is the legal side on this? can I e. g. terminate to the 12th of a month in an early termination? Do I still have to pay when there is no new tenant until the 6 months are fullfilled? Can they charge me the 500 Pounds or is that unfair?

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David 20th August, 2018 @ 00:56

@Gina

We see this all the time, a landlord puts in a term that scares a tenant but would be deemed as an unfair contract term, as such it is unenforceable and without a severance clause can invalidate other parts of the contract.

So forget the £500 for a start.

As I said above...

The Landlord has to mitigate his loss, so he has to try to get a new tenant at the earliest possible convenience, the fact that you can get tenants free via OpenRent shows there is no loss.

It sounds like the landlord is trying to take advantage and maybe double dipping or they could just be lazy. Why would they hurry to

One thing I advise tenants to do is you advertise the property on open rent at a slightly higher rent, use the same criteria that was on the ad you responded to, create a shortlist of prospective tenants who have good employment, can provide several references etc.

You can present those to the Landlord in writing and even if they decline to use them, the process demonstrates clearly with evidence that you can be replaced as a tenant for very low cost. Any barrier that is invented will most likely be seen as not mitigating their loss.

I can look over the agreement and draft you a response with a document you can send them to bring them into the real world.

Remember that to get ANY money from you they have to either make a claim on your deposit, or take you to Court, the latter is expensive and I can help you educate your landlord about this.

Have you checked that your deposit was protected properly?

If not there is a sanction payable and this can often be leveraged to reach an agreement.

Have a check on the following links for the three schemes.

bit.ly/chkdep1

bit.ly/chkdep2

bit.ly/chkdep3

Do not provide too much detail here that may identify you or your landlord, use the forum.

In order to maintain your privacy I suggest you register with the Landlord forum link at the top of the page or use this link

landlordforumproject.co.uk

Once you have registered you will be sent an email to validate your registration, click that link and log into the forum, you may then send me a Private Message from the link below:

bit.ly/davidpip

When I reply your messages in the forum you will get a copy in your email but you MUST reply via the forum, if you reply via your email client I will NOT get the message. Once you login it should be self explanatory.

I will than gather some details and draft you a letter to send to your Landlord.

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Gina 20th August, 2018 @ 09:17

@David

Thank you so much for your help David! I just followed your advice and sent you my Details in the Forum.

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Simon Pambin 20th August, 2018 @ 11:57

Laving aside the ethics of advertising a property you don't own and which you have no intention of actually letting out, I'm not sure that a handful of initial inquiries on the basis of a free advertisement is evidence that a landlord can get a tenant of equal quality to the existing one for no cost whatsoever.

Having said that, the cost of a new tenant is one that the landlord would have to bear at the end of six months anyway so, assuming reasonable notice is given, it is not reasonable to charge more than a pro rata fraction of any reasonable total.

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MdeB 20th August, 2018 @ 17:20

@Gina 120

You have not included what you believe to be the break clause, so I cannot advise on whether or not you appear to have complied with it.

In general, a tenant cannot terminate before the end of the fixed term, except
a) in accordance with a break clause in the agreement, or
b) with the agreement of the landlord, on whatever mutually-agreeable terms they can reach.

Contrary to what David @181 says, I believe that a landlord is not legally required to mitigate loss by finding a new tenant (I believe there was a court judgement on this, but I do not have it at my fingertips), so the tenant is obliged to pay to the end of the term unless agreement is reached with the landlord.

The £500 sounds excessive, particularly as it includes "voids" but you have also been told you will have to pay until a replacement is found. I would suggest challenging it as unfair (but seek advice from Citizens' Advice or Shelter).

Remember that if the landlord used an agent to introduce you, then he will have paid an amount that reflects the expectation of receiving rent for 6 months, so if you leave early there is that cost to recover.
Also the fact (alluded to @181) that tenants can be found for free on OpenRent does not imply that there is no loss. Personally I use an agent that I trust to find me tenants and do all the leg work and legal paperwork etc. and that costs me 1 month's rent (I self-manage thereafter, so no additional cost to me, but there may be additional cost to a landlord that uses a full-management service). It is reasonable for a landlord to pay a professional to ensure that all his legal obligations are fulfilled because of the severe penalties if they are not.

You have not said if this is a joint tenancy or a sole tenancy.
If a joint tenancy, then ALL the joint tenants have to agree to end a tenancy early, including exercising a break clause.

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MdeB 20th August, 2018 @ 17:26

The need to mitigate a loss arises for other breaches of covenant, but not in the case of arrears of rent: Reichman & Anor. v Beveridge & Anor. [2006] EWCA Civ 1659.

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David 20th August, 2018 @ 18:13

@Gina

I have got your message and will be sending you through the documentation and draft letter.

You can safely ignore MdeB who likes to argue all the time, in simple terms, he is wrong.

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MdeB 20th August, 2018 @ 18:56

@David 186

I don't like to argue; I like to get to the correct answer with evidence.

Would you explain why Reichman & Anor. v Beveridge & Anor does not apply?

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MdeB 20th August, 2018 @ 19:18

@Gina

When you have done whatever you decide to do, would you post back here describing what you did and how it turned out?

I like to learn.

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Gina 21st August, 2018 @ 08:33

@MdeB
I will think about that, but by now I am sorry to tell you that I think I won't.
You know such a situation can be really stressful and also causes me neck pain and other several health issues. I simply felt the feeling of there happens something unfair to me and even if I tried to solve it in a polite way with my landlord, I got beaten again. David gave me strength and the feeling, that I can fight that. There is someone on my side carrying even if he do not have to do that. But your post is just another beat. While writing your post, did you ask yourself how I will feel after reading that?
That it could make me feel helpless?
I am writing here, because I am looking for help and advice. If you want to argue about if things David says are right or not, please send him a PM. Because if you would have had the intension to help me, you would have formulated things different. Sensitive. And if you want to help people, please do not just say what is right and wrong. Give advice what is possible to do instead or where to go to get help. You were basically negative.

Every person is responsible with their words and acts they do to other people and what those does to that people. You can do good or bad. no matter you intended that or not there will always be a reaction. Please keep that in mind for your next posts. Thank you.

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MdeB 21st August, 2018 @ 16:49

@Gina.

You asked:
"What is the legal side on this? can I e. g. terminate to the 12th of a month in an early termination? Do I still have to pay when there is no new tenant until the 6 months are fullfilled? Can they charge me the 500 Pounds or is that unfair?".

I responded objectively to that. If you consider that to be negative or "a beat", then that is your prerogative.

I also pointed out that you had provided insufficient information to provide reasonable guidance.

I wish you a good life.

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MdeB 29th August, 2018 @ 09:43

@David

You have not stated why you believe Reichman & Anor. v Beveridge & Anor does not apply

Giles Peaker, an experienced housing lawyer, states that it does apply at https://nearlylegal.co.uk/2015/11/on-having-a-petard-and-being-hoist-by-it/

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Simon Pambin 29th August, 2018 @ 10:42

Do you have an example of its application to an AST? The fact that the Toogood case foundered for a different reason implies as much but it would be handy if there was something a bit more clear-cut in the case law somewhere.

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David 29th August, 2018 @ 11:32

@MdeB

I am not here to debate law or my tactics and strategies.

I am here to help real people with real problems; both Landlord and Tenant alike, I do not make a comment without knowing why it makes sense for BOTH parties.

I know Giles and as always everything in that article is right on the button, especially the impact of the Artworld case, but there are other considerations.

The case law you quote is about two businesses and whilst it will do if nothing else is around. It would only take one poorly funded tenant to appeal to get a better decision as consumers have way more protection than the firm of Solicitors in the case you quote. So if a Landlord insists, the Tenant can appeal higher and higher, that is how we got all the decisions we depend on today.

My advice to a Landlord is surrender the property and be reasonable, if you are too draconian you will encourage a tenant to sublet and trust me that is a way worse situation. In fact I can only see downsides for Landlords who try to insist on enforcing their rights too strictly.

I would urge any Landlord in this position to read the following post.

https://www.propertyinvestmentproject.co.uk/blog/your-tenant-wants-leave-early/

With regard to case law, we rely on many many consumer cases, it will always depend on the Judge you get on the day. We are able to argue that the case you quoted does not apply and have got decisions at a County Court level where the Judge has said to Counsel if your client wants to appeal they are welcome to. In our experience they don't because the costs just spiral.

Are they technically in the wrong, possibly yes, but some do not care, some seem to want the clarification.

When it is your turn and you have that tenant that for whatever reason wants to end their contract early, you can then decide if you want to spend £50k+ in legal fees to try and establish whether this applies to consumers.

As far as I am concerned it does not, you will of course disagree but that is your prerogative.

I am sure you will tell your tenants that they have to honour the contract to the end but they do not. You do need to mitigate your loss and do all that is necessary to keep the costs you intend to pass on to a minimum, you are also only allowed to pass on your actual charges, regardless of what your contract says.

I always encourage both parties to reach a reasonable settlement.

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KitKat 29th August, 2018 @ 14:46

https://www.landlordlawblog.co.uk/2018/05/15/problems-facing-tenants-wanting-leave-tenancy-early/

Two prominent legally qualified housing law experts, Tessa and Giles, both saying landlords don't have to mitigate loses.

Against an anonymous billy bullshitter making unsubstantiated claims.

Who to believe?

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The Landlord Avatar
The Landlord 29th August, 2018 @ 15:10

Relax, KittyKat (if that's even your real name)!

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KitKat 29th August, 2018 @ 17:38

Curses! I never thought the moderator police would see through my cunning alias so quickly.

My swearing about that twat must have given the game away!

I'll have to give some deep thought for a new, impenetrable disguise that no one will ever suspect..

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MdeB 29th August, 2018 @ 17:59

@David

Thank you for explaining your position; it gives context to your comments.

Your approach appears to be to attempt to bully the landlord into not pursuing legal remedy, or if he does, then hoping that he is unrepresented or you get a sympathetic judge.

Nothing wrong with that, but you should be clear in your posts that what you are advocating is an approach aimed at getting what someone wants rather than a statement of the law as it stands.

I quite agree that in general landlords are best served by having a tenant that wants to be there and is paying them what is owed.

However, tenants have freely entered into a contract to pay for the term, and landlords should not be out of pocket because the tenant decides, for whatever reason, that they cannot, or do not want to, honour the contract.

I presume that you are legally qualified and registered to provide advocacy.

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Simon Pambin 30th August, 2018 @ 10:48

Ironically, if it were purely a question of contract then, as I understand it, the need to mitigate would apply: the Reichman judgement rests on the fact that a tenancy agreement is governed by property law, rather than contract law. Rent is due at the appointed intervals for the remainder of the tenancy, because the tenant cannot unilaterally end the agreement. Hypothetically, then, does it follow that the tenant, even if no longer resident, still enjoys all the rights to quiet enjoyment etc? In Toogood the landlord undertook major works after the tenants had left, thus ending the tenancy, but would a more minor infraction have been sufficient?

The problem with cases involving residential property is the sums involved are relatively small. £6,000 may not seem trivial to you or me but it could easily be dwarfed by the costs of pursuing a court action anywhere other than the small claims track. (Given that costs weren't awarded in Toogood I doubt either side came away much better off financially.) Thus we're left with the sort of out-of-court/edge-of-court realpolitik that David seems to specialise in.

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