Unfair Break Clause in Tenancy Agreement

steampowered

Simply repeat your request for the offending clause to be removed, and say that you won't be signing until it is removed.

It would be reasonable to have that sort of provision in a new tenancy. It is not reasonable in a tenancy which has been running for several years.

It is most unlikely the landlord is going to want to kick out a good tenant who has been there several years over an agent being silly over the clause.

kaboo

Thank you all. I am waiting to hear back from landlord now. I understand and appreciate what rights LL have. My main beef has been with firstly terming something a break clause when it isn't (we had fair break clause in previous agreement). Then secondly, LL being able to end tenancy early without penalty but tenant not being able to.
Words used by the agent basically convey that how the hell can you challenge my agreement which has been used unchallenged for many years he has been in business.

G_M

seems to me your best solution is to do/say nothing and go periodic.


Meantime, contact the landlord (since you appear to have contact details) and reassure him you are happy with the property and have no plans at present to leave - that way you preemp any rubbish the agent might tell him about you refusing to sign the new contract.


You could even invite him round o do an inspection. Bake a cake, offer tea, forge a direct relationship.


He's not going to evict you as long as the rent is being paid and you are being friendly.....

getmore4less

What has triggered the LL to change agents?

Seems this new one is causing problems the LL needs to be made aware they may have made a mistake

kaboo

G_M wrote: »

seems to me your best solution is to do/say nothing and go periodic.


Meantime, contact the landlord (since you appear to have contact details) and reassure him you are happy with the property and have no plans at present to leave - that way you preemp any rubbish the agent might tell him about you refusing to sign the new contract.


You could even invite him round o do an inspection. Bake a cake, offer tea, forge a direct relationship.


He's not going to evict you as long as the rent is being paid and you are being friendly.....

We only have address of the landlord, and no other contact information. Every communication is going through the agent

kaboo

getmore4less wrote: »

What has triggered the LL to change agents?

Seems this new one is causing problems the LL needs to be made aware they may have made a mistake

LL apparently lives in another nearby town where they have more properties. So the properties in the two location were being managed by two different agencies. Now they want to bring everything under one umbrella. At least this is the reason we have been told!

I am tempted to send the LL a letter through mail

kaboo

saajan_12 wrote: »

Arguing a clause is unfair because it is imbalanced is one thing - so you can argue the entire clause isn't enforceable. Either side is then left with asking for and negotiating the terms of an early surrender, for which the other side can demand whatever they choose or just refuse.

Its quite a leap to enforce a stronger clause with a break clause with 0 penalty.

You can't argue a clause is unfair but have it (and more) apply when you feel like it.

I might not have understood correctly what you are suggesting. But, I think there are two wrongs here. first, it is not a break clause. Break clause has to be fair and equal for both parties at the time of signing and when evoked does not need mutual consent. Second, it is an unfair early surrender clause being disguised as a break clause. An early surrender requires mutual agreement and can not give rights to the LL to kick out tenants without any compensation!

wesleyad

kaboo wrote: »

We only have address of the landlord, and no other contact information. Every communication is going through the agent

Just checking, when you say LL wants a 1 year tenancy, have you heard that from them directly, or just from the agent? I ask because we see agents telling both sides that a 1 year tenancy is wanted by the other and then charging both for renewal (although that will stop now the new rules are in thank god).

FBaby

You did the right thing writing to the LL. Most likely they using the full service of the agent having little clue what they are signing. They might not k ow about the change in the break clause and might not care for it. They might want you to stay as long as possible and welcome a 12 months ast with no break clause.