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  • FIRST POST
    • LBBL5725
    • By LBBL5725 15th Mar 17, 4:04 PM
    • 1Posts
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    LBBL5725
    Break clause in tenancy agreement
    • #1
    • 15th Mar 17, 4:04 PM
    Break clause in tenancy agreement 15th Mar 17 at 4:04 PM
    Hi,

    We have been in our privately rented flat for 3 years and have just signed another lease for 12 months. We were assured there were no changes to the lease from previous years and were in a bit of a rush to sign at the estate agent was closing (I know we are idiots please no lectures!). Fast forward to that evening and I reread it and realise our break clause is missing, we are planning on buying our own house this year and there is the possibility that we may need to break the agreement a few months early so we do want one in there.

    I contacted our landlady who said she didn't know there was a break clause previously but will talk to the estate agent about getting one added. They rang me back and said that her conditions are that after 6 months we give her two months notice and have to pay half of her finders fees. I understand that that is pretty standard of break clauses but the cost to us would be £354! Am I being unreasonable in thinking that is a lot of money even if we are on the outskirts of London?

    Would it be sensible to ask them to put the amount of money in the break clause so we can't be charged more if it goes up? All advice appreciated!

    Thank you
Page 1
    • G_M
    • By G_M 15th Mar 17, 5:02 PM
    • 38,840 Posts
    • 44,053 Thanks
    G_M
    • #2
    • 15th Mar 17, 5:02 PM
    • #2
    • 15th Mar 17, 5:02 PM
    A BC should not require paymet. The point of it is to allow either side (yes, works both ways) to end the tenancy.

    Your LL is really defining the terms under which she would agree to an Early Surrender - no BC is needed for this.

    However there'snot much you can do. You failed toread the TA before signing and are now commited to 12 months unless you either

    * agree an amedment to the TA with the LL - who is under no obligation to agree and can insist on any terms she wants

    * do nothig and hope that if/when you find a property, the LL will agree an Early Surrender.
    Last edited by G_M; 15-03-2017 at 5:05 PM.
    • saajan_12
    • By saajan_12 15th Mar 17, 6:48 PM
    • 284 Posts
    • 179 Thanks
    saajan_12
    • #3
    • 15th Mar 17, 6:48 PM
    • #3
    • 15th Mar 17, 6:48 PM
    A BC should not require paymet. The point of it is to allow either side (yes, works both ways) to end the tenancy.
    Originally posted by G_M
    Why does it matter what a break clause "should" require? Of course both parties can always negotiate an early surrender in line with or different to this termination + fee. However including this in the agreement can provide some more certainty if an early termination is something OP wants/needs.. the LL / agent can't then ask for excessive costs or demand full performance of the lease if their view / circumstances change. It may not be "normal" but theres nothing wrong with such a clause if properly drafted.
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