Tenancy Agreements
Discussion
Chilli said:
If someone were to sign they typical tenancy agreement for 12 months, could they decide to move after say,6 months therefore breaking the contract? I was under the impression that as long as 2 months notice is given, then that's fine.
Is this right?
Cheers.
Wrong.Is this right?
Cheers.
Assuming an AST then its 12 months fixed for both tenant and landlord. However, talk to your landlord, most are accommodating where possible and don't what the grief of chasing tenants for rent if they leave early.
Chilli said:
If someone were to sign they typical tenancy agreement for 12 months, could they decide to move after say,6 months therefore breaking the contract? I was under the impression that as long as 2 months notice is given, then that's fine.
Is this right?
Cheers.
What does the agreement say with regards to termination? Is this right?
Cheers.
(I rather suspect the two month notice period related to after 10 months i.e. to prevent a subsequent contract being entered into).
Without a break clause you are liable for the full term
if you did need to break an agreement early and leave the landlord / letting agent does have a responsibility to attempt to get a replacement tenant, but they can expect the tenant to pay some/all of the fees to relet it and the tenant will be liable for the rent and other bills until new tenants are found or the term comes to an end
if you did need to break an agreement early and leave the landlord / letting agent does have a responsibility to attempt to get a replacement tenant, but they can expect the tenant to pay some/all of the fees to relet it and the tenant will be liable for the rent and other bills until new tenants are found or the term comes to an end
http://england.shelter.org.uk/get_advice/private_r...
If you have a fixed term tenancy with a private landlord and you want to leave before it’s due to end, your landlord can insist that you keep paying rent for the full length of the tenancy. You can’t simply end it by giving notice.
There are some exceptions, for example if your tenancy agreement contains a break clause that allows either side to end the agreement before the end of the fixed term.
Some landlords might be prepared to negotiate if you need to end the tenancy early, but they are under no obligation to do so.
Break clauses in an AST are rare ime.
The ideal scenario is if you can find another tenant as, provided they pass muster, the landlord doesn't have the cost of re-advertising and the void period may be reduced. In that case you would only be liable for the period the property remained unlet. With good luck/timing there might be no gap at all.
If you have a fixed term tenancy with a private landlord and you want to leave before it’s due to end, your landlord can insist that you keep paying rent for the full length of the tenancy. You can’t simply end it by giving notice.
There are some exceptions, for example if your tenancy agreement contains a break clause that allows either side to end the agreement before the end of the fixed term.
Some landlords might be prepared to negotiate if you need to end the tenancy early, but they are under no obligation to do so.
Break clauses in an AST are rare ime.
The ideal scenario is if you can find another tenant as, provided they pass muster, the landlord doesn't have the cost of re-advertising and the void period may be reduced. In that case you would only be liable for the period the property remained unlet. With good luck/timing there might be no gap at all.
Chilli said:
If someone were to sign they typical tenancy agreement for 12 months, could they decide to move after say,6 months therefore breaking the contract? I was under the impression that as long as 2 months notice is given, then that's fine.
Is this right?
Cheers.
Yes, if there is a break clause at 6 months written within the Tenancy Agreement, with any Notice being served pursuant to the break clause terms.Is this right?
Cheers.
Chilli said:
Ah, ok, thanks gents. I'm just trying to find a way to help my tenant find a new place, which he says he may only need for a few months as he himself is buying a place.
If he is your tenant, is there no way he can stay where he is for a few months on a rolling monthly contract?Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff