Renting : Fixed Tenancy with Break Clause, advice on wording.

val109

Advice please...

We are about to sign a Fixed Tenancy Agreement with a Break Clause (we are the tenants).

Upon inspection of the wording it appears that some sections in "Ending The Tenancy" reference the break-clause, but not all sub clauses do.

The text layout of the agreement needs to be "seen" to explain my concerns. I've tried to attach a picture and a direct link, but I get "Sorry as a new user you are not allowed to post with links", so if you copy and paste this it should load in your browser:

drive.google.com/file/d/0BwHiLK8VoXUsakoyRGZNNFc3WHc/view

On reading "2.5 Ending The Tenancy" it seems to me that the term

"It should be noted that this clause is not applicable in the event that a break clause contained in this agreement has been exercised by either party"

applies only to clause 2.5.5, whereas we would need it to apply to 2.5.3, 2.5.4 and 2.5.5.

I've brought this to the attention of the estate agent and the response was:

[FONT=&quot]With regards to your points raised below with regards to clause 2.5 ‘Ending the tenancy’ [/FONT]
[FONT=&quot]If the tenancy agreement contains a break clause, in which case it does, the entire clause for 2.5 is not applicable, which includes all points as stated in the tenancy agreement. [/FONT]

[FONT=&quot]I cannot make any amendments to the tenancy agreement, as they have been produced by a solicitor. However, I can assure you none of the points under clause 2.5 are applicable. Please take this email as confirmation. [/FONT]

this would seem a little strange, they cannot make changes to the legally binding document, but they can make legally binding statements in an email.

Anyone care offer some useful and relevant advice or opinions?

• Is the estate agent's interpretation of the clauses, subclauses, etc correct?
• If not, should we insist on rewording the clauses or is the agent's "email as confirmation" enough for any future "re-interpretation" of the clauses?

Thanks in advance.

pmlindyloo

I believe that the agent's email would be sufficient for any future reference if you used the break clause ie. none of clause 2.5 is applicable.

A break clause is used to end the tenancy. Clause 5.2 would only come into force if you left the tenancy early without evoking the break clause or giving the correct notice.

It would be useful to know exactly what the wording of the break clause is.

val109

pmlindyloo, thanks for your input so far, the break clause is 2.7, included in the picture at

drive.google.com/file/d/0BwHiLK8VoXUsakoyRGZNNFc3WHc/view

For completeness:

---

2.7 Break Clause
2.7.1 Either party may bring the Tenancy to an end by giving at least two months' written notice. The tenancy may end at any time before the expiry of the fixed term (nevertheless no such notice shall be served during the first FOUR months of the commencement of this Agreement).
A Notice under section 21 of the Housing Act 1988 will suffice to implement this sub-clause.

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pmlindyloo

val109 wrote: »

pmlindyloo, thanks for your input so far, the break clause is 2.7, included in the picture at

drive.google.com/file/d/0BwHiLK8VoXUsakoyRGZNNFc3WHc/view

For completeness:

---

2.7 Break Clause
2.7.1 Either party may bring the Tenancy to an end by giving at least two months' written notice. The tenancy may end at any time before the expiry of the fixed term (nevertheless no such notice shall be served during the first FOUR months of the commencement of this Agreement).
A Notice under section 21 of the Housing Act 1988 will suffice to implement this sub-clause.

---

Sorry, did see it but was concentrating on the other part.

pmlindyloo

To be honest LAs/LLs are not great at tenancy agreements. For instance the wording 'or at any later date' in sub clause 2.5.1 doesn't make sense especially as it then goes on in the next sub clause to talk about a periodic tenancy. You either have a fixed term or a periodic tenancy so what is the 'any other later date referring to'?!!

I wouldn't worry about any of it since most is covered by legislation anyway.

But I would have a read of this:

https://www.gov.uk/private-renting/your-rights-and-responsibilities

if you haven't done so already to make sure all the requirements are being made.

G_M

I see only a minor difficulty with the tenancy agreement.

Section 2.5 tells you how the tenancy will normally be ended, or what would happen if a tenant vacated without ending the tenancy.

Section 2.7 tells you how and when either side can end the tenancy early ie via a Break Clause (though not exactly how a tenant does so since a tenant cannot use a 21 Notice - minor point).