letting agency removed breaking clause from renewal agreement

JaVo2004

need_an_answer said:

If it were that complicated then why sign it without it being fully explained to you.

I'm sorry but it seems to me that you knew full well the break clause wasn't there when you signed but at the time it didn't seem significant to you....now you want to move and break the agreement of course its very important.

Either pay the re advertising and tenant find fees or ask the agency for details of their ombudsman to take your complaint further and provide them with the appropriate evidence in order to adjudicate.

I promise that's not the case.
This problem literally started with me asking the agency on how to trigger the break clause and them replying i haven't got one.
When i signed this supplemental agreement i already knew i wouldn't be staying the entire 12 months.

need_an_answer

Then take your complaint to the ombudsman,thats what they are there for.
You can contact them once deadlock with the agency is reached and the agency will give you the details of whom to address your complaint to.

JaVo2004

Was talking to landlord and also he was unaware of the break clause being removed. Just to reiterate it was not an obvious change, and it was unilaterally decided by the agency.

need_an_answer

So is the LL happy for you to leave on your terms without paying the tenant find fee?
If so get him to put that in writing to you

The LL employs the agency ultimately if he is happy to break the agreement then it can be broken,and by the same terms if he is happy to pay the tenant find then that's ok too.
The agency work for the LL.
as it currently stands if you are released from your contract and a new tenant is needed to be found the agency will either charge you or the LL for this service...if your LL is willing to pay....then you have a very obliging LL.

JaVo2004

need_an_answer said:

So is the LL happy for you to leave on your terms without paying the tenant find fee?
If so get him to put that in writing to you

I am raising that with the agency. He is not a landlord per se, this is the first time he's renting this place bc he moved elsewhere, so he basically leaves all "concerns" for the agency to deal with. But I would bet if he has the chance to have me paying the "find tenant" he'll take it. I'll ask him anyway. Thanks for your help!

DoaM

JaVo2004 said:
He is not a landlord per se, this is the first time he's renting this place bc he moved elsewhere

If he owns the property then he's the landlord. He might rely on the agent but he's still ultimately in charge.

need_an_answer

JaVo2004 said:

need_an_answer said:

So is the LL happy for you to leave on your terms without paying the tenant find fee?
If so get him to put that in writing to you

I am raising that with the agency. He is not a landlord per se, this is the first time he's renting this place bc he moved elsewhere, so he basically leaves all "concerns" for the agency to deal with. But I would bet if he has the chance to have me paying the "find tenant" he'll take it. I'll ask him anyway. Thanks for your help!

Whatever you think per se...he is the owner of the property and thefore everything I have said still stands...he employs an agent...but he has full control over the property and ultimately the buck stops with him.

Sensory

DoaM said:

Why were you renewing every year? You didn't need to - you could have moved to a periodic tenancy ... I think that's the term. (The LA was probably pushing this, not the LL, so that the LA could get additional fees every year).

Tenants have no control over what type of tenancy they have, do they?

In my 6 years' experience renting, agents were writing to me 3 months before the expiry of every agreement, asking what I was intending to do, and if I intended to stay, I would have to sign another agreement for 6 or 12 or 24 months. This included agents who managed properties on behalf of landlords, as well as agents who only handled the reletting/renewal process.

In my current tenancy, I've been signing renewal agreements that specifically state:

It is agreed that the above parties will enter into a new Term on the same terms and conditions as the original tenancy agreement save for the following:

What follows are any differences (such as new rental costs and the period over which they will apply), as well as the terms of continuation. Any variations to the original agreement are explicitly stated. Both the original tenancy agreement and the renewal agreement must be read together.

If the break clause was simply omitted from the renewal agreement, and the renewal agreement does not explicitly state anything to the contrary, you should not be liable to pay any fees for terminating the agreement early.

JaVo2004

Sensory said:
If the break clause was simply omitted from the renewal agreement, and the renewal agreement does not explicitly state anything to the contrary, you should not be liable to pay any fees for terminating the agreement early.

That is indeed the case - the Supplemental Agreement basically states:

1. The Parties desire to extend the term of the Principal Agreement in respect of the Property.

2. The terms and conditions of the extended period shall be the same as in the Principal Agreement except as amended by this Agreement.

(...)

The term of the Principal Agreement shall be extended for a further period expiring on the 07/07/2020.

2. The rental for such extended period shall be the rent of (£XXX) per calendar month.

3. Payable in advance by cleared funds by one standing order mandate on or before the 08th day of each month.

4. Payable to (YYY)

5. Bank Account details: (ZZZ)

Other than that is just GDPR, deposits, etc.
The renewal document completely omits the break clause and does not even use terms like "fixed term" for the expiry date.
Does that mean I have grounds to complain? What should I do if I want to end the tenancy in the next few days?

JaVo2004

Nevermind... There is actually a section stating:

" Early Termination (Tenant’s Request) Should the Landlord and Tenant agree that the Tenant may leave their contract early, they shall be liable to the landlord’s costs in reletting the property as well as all rent due under the tenancy until the start date of the replacement tenancy. These costs will be no more than the maximum amount of rent outstanding on the Tenancy. "

I didn't notice this. Totally my fault. Thanks guys for your help.