Assured Shorthold tenancy break clause advice required

HandyManPhill

Hi there, my wife and I have a private AST for 12 months, due to expire Dec 4th 2011. We have recently been told about another property in our area that is bigger, however we have been looking through our contract and it states that, to end the contract early, we have to ...
a) Pay all reasonable costs for reletting the property
b) Continue to pay the rent until a replacement is found
c) Pay 50% of our deposit for breaking the contract.

We have also noticed that we do not seem to have a "break clause" which is something we didn't realise existed until now.
Basically, as far as my knowledge goes on tenancy rights, this sounds like we are screwed until 4th October when we can give our 2 months notice without incurring additional costs.
I was wondering if anyone with possible more knowledge than ourselves could answer a couple of questions...

1) Do the terms of cancellation sounds strict as it appears to have absolutly no benefit to us, purely the landlord? They sound almost impossible for us to live with, financially.
2) Can our landlord refuse to include a break clause when the contract is due for renewal? should we need to carry on for a little longer?
3) Can anyone suggest what we would need to request to be in a new contract that would give us as much flexability as poss if/when we decide to move? We need to be certain as we have a little boy and need to make sure we wouldn't be homeless.

Many thanks for all your help people,

HMP

G_M

HandyManPhill wrote: »

......

1) Do the terms of cancellation sounds strict as it appears to have absolutly no benefit to us, purely the landlord? They sound almost impossible for us to live with, financially. the first 2 are standard. The 3rd is a bit ott - but see below
2) Can our landlord refuse to include a break clause when the contract is due for renewal? should we need to carry on for a little longer? The terms of any contract are whatever you both agree
3) Can anyone suggest what we would need to request to be in a new contract that would give us as much flexability as poss if/when we decide to move? We need to be certain as we have a little boy and need to make sure we wouldn't be homeless. you seem to want your cake and eat it. See below.

Many thanks for all your help people,

HMP

The majority of contracts do NOT have any break clause. If you agree to a 12 month Fixed Term, you are committed for 12 months. However, in return you get security for 12 months. It works both ways. In this case you have some additional inbuilt flexibility, albeit expensive.

You can always request a 6 month contract and see if the LL agrees. Or ask for 12 months, but with a 6 month break clause.

But of course in either of these cases you have less security for your little boy as the LL can ask you to leave in the same way that you can ask him!

You do not have to give 2 months notice in October. If your Fixed Term expires in December, you can simply move out at that point without Notice. That's what a Fixed Term means. It begins; it lasts 12 months; then it ends.

Or you can simply stay. If you stay one day beyond the Fixed Term, and continue to pay rent, but do not sign a new Fixed Term, you move to a Periodic (monthly) tenancy. The rent and terms are the same but it continues indefinately until either you or the LL give Notice. You give one month, the ll GIVES YOU 2 MONTHS.