We need help.....tenancy contract with foxtons

Bloodymary83

Hi all, we have got a doubt about our contract with foxtons. A part from the fact they are very expensive and when you need them they are never available, my boyfriend took this flat with a couple of friends one year ago. Now things are not going very well and we would like to get a flat together very soon. We have actually find a very nice private landlord that wants to rent us his flat. Now the problem is that only he wants to move out but the others want to stay and there is also a person who would get in the contract instead of my boyfriend. In theory he would need to give the notice now as the contract has been signed for 2 years but with a break clause of 15 months. We were wondering if anyone could have help understanding what this will cost? I'm pretty sure they will give us some problems. They are already stopped our reference check to get this new flat together because he was waiting to look for another place before giving the notice so of course Foxtons got suspicious when a reference company called them to get references....but he actually wants to give them a notice.....

jjlandlord

Your contract is probably not with agent(Foxtons) but with a landlord.
Anyway:

It will cost him nothing to action the break clause but, assuming your BF has a joint tenancy with his friends, the notice will have to come from all the joint tenants, so they will have to agree.

On expiry the notice will end and it will be up to your BF's friends to discuss with landlord/agent about staying.
I'm sure that they will be charged fees so your BF may offer to pay those.

Otherwise he will have to negotiate with friends and especially landlord/agent about surrendering the tenancy or assigning it. Landlord/agent will be free to ask for whatever they want.

G_M

Bloodymary83 wrote: »

.... my boyfriend took this flat with a couple of friends one year ago. ... the problem is that only he wants to move out but the others want to stay

and there is also a person who would get in the contract instead of my boyfriend.

In theory he would need to give the notice now as the contract has been signed for 2 years but with a break clause of 15 months.
Date contract started?
Exact terms of Break Clause?
Single "joint & several" contract naming all residents?
We were wondering if anyone could have help understanding what this will cost?
Assuming the break clause cannot be used, options are
1) negotiate "Early Surrender" with landlord/agent & create new contract with new group of tenants
2) Execute a "Deed of Variation" substituting new name in place of boyfriend on current contract.

A 'reasonable' cost might be £50.

Foxtons? £200-300?