From the landlord's perspective

Yazmina

Good afternoon

My tenants are 12 months into an 18 month contract. I relied on an agency to write the break clause. I would like to end the tenancy three months early but the break clause was not written properly and is useless.

They are good tenants and I have responded to any contact from them within 24 hours. If I want to end the tenancy early, giving three months notice, do I have anything to go on other than their goodwill?

Thanks.

DannyboyMidlands

No, not really. You could offer them a deal that they leave in 3 months but only pay for the next 2.

Caveat_Mortgagor

F@@kin landlords that cant make their minds up. Yes of course do as you please, tenants are only their to shovel money into your pockets whilst it suits you. There is no need to consider what may be convenient to them. Moving house isnt a lot of hassle. Damn the agent for not setting them a proper trap!

We were s21'd a few weeks ago and struggled to find a landlord who will give a bit of security. Thankfully we have the offer of an 18 month tenancy. Hope to sign in next couple of days

If after 12 months they come to us and ask to cut it short they will get a less than friendly response.

mjdh1957

I'm curious as to what kind of 'break clause' you were expecting and that the agent didn't provide.

Normally it would allow for a break at only one point in the tenancy (say, for six months into a one year tenancy with two months notice) and should only really be invoked in exceptional circumstances.

Did you ask them to insert a break clause for twelve months in? And what notice period would you have required?

Yazmina

mjdh: The break clause was meant to say either side could give two month's notice after 12 months. It actually says either side can give two month's notice but only after 16 months.

Eton: Thank you.

mjdh1957

Didn't you notice the difference before you signed it?

Caveat_Mortgagor

Eton_Rifle wrote: »

Caveat, personal circumstances change for landlords as well as tenants. There's nothing wrong with asking if something can be done.

True, circumstances do change. But if you arent ready to commit, dont sign!

Eton_Rifle wrote: »

We frequently see tenants trying to weasel out of their fixed contracts on this board and just like a landlord, they may have a genuine reason or concern rather than a whim.

I would make the same comment as above.

I may have come across as harsh, but the Op acknowledges they have good tenants and that s/he signed an 18 month contract.

S/he acknoledges that the s/he would now like to pull the rug from under his tenants feet but didnt prepare well enough and still is looking for a legal angle before trying to appeal to the goodwill of the tenant.

If the original post hadn't ruled our appealing to goodwill I might have been a little more understanding.

I stand by my comments. Amateur landlord!

Yazmina

mjdh1957 wrote: »

Didn't you notice the difference before you signed it?

I think the answer to this is rather obvious.

mjdh1957

Well, if you didn't notice the error then you have to accept that you have some responsibility for the break clause not being as you wanted. You either need to 'bribe' the tenant to leave or wait until the expiration of the 18 months.

mustrum_ridcully

Eton_Rifle wrote: »

Caveat, lets not make out that your original comments were harsh but fair and would apply to both sides of the transaction.
Your comments were overly emotional, irrationally judgemental and rude.

Would this sort of behaviour (that of the OP) be tolerated in any service industry other than property letting?

Would we tolerate any other sort of business (letting a property is a business) coming here asking for advice on how to worm their way out of contract? Say a mobile phone business trying to get out of a 18 month special offer contract after 12 months (despite the customer paying all bills on time). Looking for advice because they've realised they mucked the contract and can't dump their customer when they thought they could. I doubt they'd get much sympathy.

This site is a consumer rights site basically and people get pretty upset about things far smaller and more trivial than their home.

Yazmina

Look I'm not some evil cow landlady. I need to get my flat back but I realise that I'm messing people about. That's why I'm on here because I need advice on how to approach them (thanks DannyboyMidlands). I know I have no legal leg to stand on and they can tell me to !!!!!! off.