Renting break clause

Racheloa85

I'm due to move into a new rented property on Monday and after much chasing have finally recieved the tenancy to read over.
I agreed to a 12 month tenancy though I would of preferred longer, but there is a break clause which was not mentioned where by after 4 months he can give me 2 months notice a vice versa.

It's cost us a lot of money to move with removals van and referencing and admins costs plus there is clause that means house would have to be professionally cleaned at end of tenancy. the thought of doing all this again In 4-6 months seems horrendous when we have 3 childrens and are moving schools to be nearer new home.

I've queried it with estate agent/ management agent and they say it is standard and there was no reason for them to mention it as it is a 12 month contract as stated?

My main worry is it was on the market for sale at he same time as it was up for rent so the way I see it landlord could easily change his mind again.

My questions are:
How standard is a break clause of 4 months?
Should they of mentioned it?
Am I being unreasonable asking for it to be removed?

ValHaller

• Notice can be given at 4 months, but you still get 6 months
• It should have been mentioned
• It would be reasonable to ask for it to be removed - think about what you will do if it is not.

If you end up with no choice but to take it, I suppose you will be asked to accept viewings. If you refuse, you will probably receive a S21 notice. If you accept them, your LL might wonder why the place is not selling.

The big warning sign was that the place was for sale.

franklee

Racheloa85 wrote: »

I
My main worry is it was on the market for sale at he same time as it was up for rent so the way I see it landlord could easily change his mind again.

What did they say about has it been pulled from sale. They could easily want to market it again any time then you will be hassled for viewings. Keep a good look out for being served a section 21 notice, this may even be served early on in the tenancy. Not sure what you can do so late in the day they have you over a barrel. Don't unpack :eek:

Smith_007

My main worry is it was on the market for sale at he same time as it was up for rent so the way I see it landlord could easily change his mind again.

Your home will be sold from under you.

I had friends (heavily pregnant) who had a six month break clause activated as the landlord wanted to sell. This is despite them being promised a long term rent due to planning a family. (The landlord subsequently ended up with a broken nose from a very stressed farther-to-be :eek:)

Negotiate a contract without a break clause, maybe even a 24 month contract, directly with the landlord. (Don't bother talking to the LA, you might as well speak to a brick wall). If you can't get anything in writing, assume you will have to move.

This landlord is only interested in how much money he can make and (like my once pregnant friends) will have no regard to the social responsibility of providing a home for his tenants. :mad:

BitterAndTwisted

Landlords have no social responsibility. They are not running a housing association but a business.


This landlord sounds like a dishonest scumbag who wants to have their cake and eat it too.

Even if they try to end your tenancy at the six months point, it could take them several months to get a court-date for possession. Meanwhile you get your own back by refusing any viewings until you leave.

thesaint

I would ask the "standard" clause to be removed from the tenancy agreement. If you want somewhere to settle, then I would not move into a property that was recently for sale.

BitterAndTwisted wrote: »

This landlord sounds like a dishonest scumbag who wants to have their cake and eat it too.

Despite no information given about the landlord?

BitterAndTwisted

Owner cannot sell property so consequently decides they have to let it. But just in case they manage to find their fantasy buyer they only accept a contract with a six month break-clause so they can kick the tenants out asap.

Wish I had a quid for every thread I've read with the same scenario on this board.

Smith_007

BitterAndTwisted wrote: »

Landlords have no social responsibility.

And "there is no such thing as society."
I think this is something we should agree to differ on

......although I think we can all agree that fibbing, then giving a 7 month pregnant woman a section 21 for your own short term financial gain is both low and socially irresponsible.

onamissionEU

Sounds like the LL could not sell the property so has decided to rent it out. The break clause is standard and no LL with half a brain would let out their property without the clause, or offer a long term let with no break clauses. They are there to protect both LL and T - from the LL perspective he can serve notice on you and have you legally removed in a relativly short space of time. This protects him from non payers. If he gave you a 12/24 month lease with no breaks and you decided after 3 months not to pay, getting you out of that property will take many many months and cost him a fortune.

You only have two options. Speak to the LL and ask him what his intentions are. Chances are if you are honest with him, he will be with you. The make your choice - take the property or walk away.