Tenant Break

Espresso79

Hi everyone
I am thinking of moving out from my current shared flat.
The contract is one year (with a 6 months break passed on January) due to fully expire in the next 4 months with me as lead tenant. What is your opinion on the following tenant break clause:

-No less than 2 months’ notice served after completion of the first 4 months of the Tenancy. This means that the Tenancy cannot end before the last day of the first six months of the tenancy

What obligations I should be careful in the event the other tenant wants to stay if:
-...Where the Tenant comprises of more than one person the written notice must be served and signed by all Tenants.
-Notify the Landlord’s Agent in writing if the designation of the Nominated Tenant changes and provide the name of the new Nominated Tenant.

thanks

always_sunny

Espresso79 wrote: »

Hi everyone
I am thinking of moving out from my current shared flat.
The contract is one year (with a 6 months break passed on January) due to fully expire in the next 4 months with me as lead tenant. What is your opinion on the following tenant break clause:

-No less than 2 months’ notice served after completion of the first 4 months of the Tenancy. This means that the Tenancy cannot end before the last day of the first six months of the tenancy

What obligations I should be careful in the event the other tenant wants to stay if:
-...Where the Tenant comprises of more than one person the written notice must be served and signed by all Tenants.
-Notify the Landlord’s Agent in writing if the designation of the Nominated Tenant changes and provide the name of the new Nominated Tenant.

thanks

After 4 months you serve notice with 2 months notice = 6 months. What's the confusion?
All signing tenants would need to sign, if one does not, you cannot serve the notice, pretty much like any other contract with multiple signatories.

G_M

* You seem to have a joint tenancy (you and your housemate(s) are on the same tenancy agreement).

* So either the tenancy continues till the end (4 more months), or

* you end the tenancy early and you both (all) move out

* the tenancy cannot be divided, ie you cannot end your liability while leaving your jont tenant(s) in occupation

* the Break Clause is clear - you can now give 2 (calender) months notice, but you must both (all) sign the notice and you must both (all) move out 2 months later

* if you wish to move out but your housemate(s) wish to stay, you will need to discuss this with your landlord and get permission. In that case either

a) a Deed of Assignment should be signed and your housemate(s) will need to cover your share of the rent, or
b) your housemate(s) will need to find a replacement, who the LL is willing to accept, and a Deed of Assignment should be signed replacing you with the new tenant on the contract, or
c) the current tenancy could be ended (surrendered) early and a new tenancy created in your housemate(s) names, with or without a new replacement

Espresso79

Thanks for your answers. The main reason for me is related to the poor response from the property management and landlord on resolving problems. I had to wait 4 months to get the landlord commitment to fix the boiler (not yet fixed) and having similar problem with other appliances.

I lost the patience on dealing with the property management and wanted to move out.
How I can make sure these are fully actioned? In what conditions I can leave the flat on an earlier break than the two months agreed?

Pixie5740

always_sunny wrote: »

All signing tenants would need to sign, if one does not, you cannot serve the notice, pretty much like any other contract with multiple signatories.

No they don't. Joint tenants are a single legal entity therefore it only takes one to serve notice to end the tenancy for all of them.

melstar11

You'd need to negotiate with the LL to leave early.

G_M

Espresso79 wrote: »

Thanks for your answers. The main reason for me is related to the poor response from the property management and landlord on resolving problems. I had to wait 4 months to get the landlord commitment to fix the boiler (not yet fixed) and having similar problem with other appliances.

I lost the patience on dealing with the property management and wanted to move out.
How I can make sure these are fully actioned? In what conditions I can leave the flat on an earlier break than the two months agreed?

A] Re the 'problems', see:

* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new protection (2015)

B] Re moving out, you need to speak to your joint tenant(s).

1) if they ALL want to move out, then give notice relying on the Break Clause

2) if one or more want to stay you could just leave, but
a) the remaining tenant(s) would have pay the full rent (ie pick up your share AND
b) you'd still be a tenant so still legally liable for rent, and damage, if the remaining tenants let you down

3) OR if one or more want to stay, you and they and the landlord could agree either
a) for your liability to be assigned (via a Deed) to the remaining tenant(s), or
b) for your liability to be assigned (via a Deed) to a replacement tenant accptable to all, or
c) for the current tenany to be ended via the Break Clause and a brand new tenancy created (with remaining tenants + or - a new tenant)