Ending a Fixed Term Tenancy

G_M

mouthscradle wrote: »

So does the contract have a break clause for the landlord's benefit, but not a similar one for your girlfriend? I might be wrong but I was under the impression this isn't allowed, and that any break clause in a contract has to afford both parties the same rights. Probably wouldn't help you much in this case unless the landlord did try and exercise the clause against your gf's wishes though.

I believe this is so.

CPS - please quote the exact wording of the 2 months notice clause, with any heading.

If this is a Break Clause, and if it benefits the LL only, the tenant may well be able to rely on it too.

CPS91

The LL wanted a commitment for 12 months (contract renew) or they would have started to look for potential new tenants to view the property and commit to 12 months once the tenancy ended, a rolling contract beyond the 12 months wasn't given as an option. The area is desirable to live so the LL's do appear to have the upper hand in this case but they appear to not want to help my gf ending the tenancy early as there is always the risk they may not have rent for a month or more (as low as I think this is).

But yes, I'll get her to chase up the repairs, honestly I just think they won't fork out for a locksmith, as I said before very poor service from the LL/agency.

I'll look up the clause wording and associated heading tonight/tomorrow.

Thanks,
CPS

barnaclebill

We took a rented house in a good area £1300 a month with 3 months deposit, I wanted a safe place for my wife while I was at sea as she had a home invasion a year before. I met the previous tenant who said how nice the LL was, lived in the house next door so we stupidly agreed to 12 month let. While at sea my wife had problems with the LL, she threw some stale bread out for the birds and he came round shouting at her she was feeding the rats under his hut, By the time I came home wife was a wreck, very upset so 6 months in asked to terminate LL said no wanted the full 6 months rent, I told his agent I would pay three, if not I would go and pay nothing and when it came to court I would bring witnesses to his treatment of my wife. I found a private landlord and explained no references but would pay 6 months rent up front, so we moved and on the moving day LL agreed to 3 months rent so I used the deposit. Very expensive 6 month rental. Lucky I had enough savings to cover but new LL excellent did 6 and another 6 months monthly waiting to buy, moving in in 10 days time

jjlandlord

G_M wrote: »

If this is a Break Clause, and if it benefits the LL only, the tenant may well be able to rely on it too.

Either the clause is deemed unfair, and thus void, or both parties must agree that it should apply to both and, effectively, amend it.
I don't think that because it says that one party can do something it implies that the other has a similar right.

[Deleted User]

If I understand your posts correctly, you are saying that your gf was forced to agree another 12 month fixed term when she was only 6 months into the previous one. Its too late to help now, but she really didn't 'have' to agree.., she could have just said #no I need time to see where I'm at in July, and will confirm continued tenancy then'. They couldn't have given notice as she still had six month's fixed term tenancy left. If she wanted to find a new tenancy then (July) it would take at least a couple of months for them to evict her, so presumably she'd have been on hols and would have been able to find somewhere else(no exams).

Unfortunately, as with everyone else, there's little she can do if LL won't agree to mutual surrender of tenancy.

But the advice about forcing the LL to fix french door locks is good too. She hasn't got anything to lose at this point and if she keeps complaining about repair needs, it might encourage LL to agree to a mutual surrender of tenancy.