Tenancy Exit Question

Farmer_jones

Tenancy Question

Friend has been a tenant for more than 15 years in the same property.

In May this year the landlord increased the rent (as per their usual annual rent review) and this time issued a new tenancy agreement. The new tenancy agreement has no exit clause for the tenant (previous ones had an exit clause such that the tenant could give a months notice after two months...) The new agreement appears to keep the tenant to a 12 month period.

My friend (the tenant) wants to leave the property for a new home which is more economically viable.

Is the new agreement "legal" in as much as it doesn't have an exit clause ?

I would have thought with the current rental market being so buoyant a new tenant will be easy to find, therefore the land lord would not be out of pocket...does this lead to a negotiated out come ?

Any help & advice most helpful.

Thanks

hazyjo

You don't legally need a break clause. Most will be for 12 months (with or without a 6[ish] month break clause).

Your friend could choose not to sign and remain on a periodic tenancy (rolling). Perfectly legal. No permission needed. It's likely they'd only have to give one month's notice to leave, and likely the LL would have to give two months' notice.

anselld

Yes perfectly legal if the tenant has signed the new contract.  (They were not obliged to)

The "negotiated outcome" is normally that the Tenant agrees to continue paying rent and bills until a new tenant is found and the Tenant agrees to pay the Landlord's reletting costs.  However, it is a negotiation and the Landlord is not obliged to accept early surrender at all.

theartfullodger

If tenant has been paying the increased rent then IMHO the new agreement has been accepted.  (In England tenancies don't even need to be in writing, don;t have to be on paper, verbal is OK - Bonkers!).

Suspect they are stuffed until May 2024.  If so negotiate (calm, polite) with landlord.  A sensible landlord would do a deal:

Sadly there is no requirement for a landlord to be sensible (or in England have any qualifications, any training, not even criminal record checked..)

elsien

So your friend did sign the new agreement?

propertyrental

Unclear if the T signed the new TA. If they did, it is now in force and the terms are whatever the LL & T agreed within it.

Perfectly normal for a 12 month TA not to have a Break Clause (exit clause). It gives security to both LL and T.

T Has (had) no obligation to agree to/sign the new TA - could have negotiated a Break Clause to tbe added, or simply moved to a periodic (monthly rolling) tenancy.

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?