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Breach of contract?

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Comments

  • tealady
    tealady Posts: 3,742 Forumite
    Name Dropper First Post First Anniversary Mortgage-free Glee!
    Would it be worth contacting your landlord and agreeing to surrender the tenancy. Ask for a good reference and an lump sum in exchange. That way it shows willing on your part.
    Oh and keep an eye on property auctions and if the house foes appear have a word with the auction house.
    The rules about property are changing that's why some landlords are getting out
    Find out who you are and do that on purpose (thanks to Owain Wyn Jones quoting Dolly Parton)
  • Sickrenter
    Sickrenter Posts: 10 Forumite
    First Anniversary First Post
    Here is the agreement, personal information removed:

    ASSURED SHORTHOLD TENANCY AGREEMENT THIS AGREEMENT dated this 16th day of December 2023 (the "Agreement").  
     
    BACKGROUND:  
    1.    This is an agreement to create an Assured Shorthold Tenancy as defined in Section 19A of the Housing Act 1988 or any successor legislation as supplemented or amended from time to time and any other applicable and relevant laws and regulations. 
    2.    The Landlord is the owner of residential property available for rent and is legally entitled to grant this tenancy. 
    AGREEMENT: LET PROPERTY  
    1.    The Landlord agrees to let to the Tenant, and the Tenant agrees to take a tenancy of the house, known as (the "Property"), for use as residential premises only. 
    2.    A reasonable number of pets or animals are allowed to be kept in or about the Property. If this privilege is abused, the Landlord may revoke this privilege upon thirty (30) days' notice.
    3.    Subject to the provisions of this Agreement, the Tenant is entitled to the use of parking on or about the Property. 
    4.    The Tenant and members of the Tenant's household will not smoke anywhere on the Property nor permit any guests or visitors to smoke on the Property. 
     
    TERM  
    5.    The term of the tenancy commences on 16 December 2023 and ends on 16 June 2024 (the "Term"). 
    6.    Notwithstanding that the Term commences on 16 December 2023, the Tenant is entitled to possession of the Property at 12:00 noon on 12 December 2023. 
    7.    Should neither party have brought the Tenancy to an end at or before the expiry of the Term, then a new tenancy from month to month will be created between the Landlord and the Tenant which will be subject to all the terms and conditions of this Agreement but will be terminable upon the Landlord giving the Tenant the notice required under the applicable legislation of England (the "Act"). 
    ACCESS  
    10. The Tenant acknowledges that the Tenant inspected the Property, including the grounds and all buildings and improvements, and that they are, at the time of the execution of this Agreement, in reasonable order (subject to the ongoing repairs), safe, clean, and tenantable condition.    
    LANDLORD IMPROVEMENTS
    11. The Landlord will make the following improvements to the Property:  
    GENERAL BUILDING AND REPAIRS IN RELATION TO STRUCTURAL SURVEY REPORT.
    UTILITIES AND OTHER CHARGES  
    12. The Tenant is responsible for the payment of all utilities in relation to the Property Insurance.
    13. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.  
     
    GOVERNING LAW
    14. This Agreement will be construed in accordance with and governed by the laws of England and the Parties submit to the exclusive jurisdiction of the English Courts.  
    SEVERABILITY  
    15.If there is a conflict between any provision of this Agreement and the Act, the Act will prevail, and such provisions of the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.  
    16.The invalidity or unenforceability of any provisions of this Agreement will not affect the validity or enforceability of any other provision of this Agreement. Such other provisions remain in full force and effect.  
    AMENDMENT OF AGREEMENT
    17. This Agreement may only be amended or modified by a written document executed by the “Parties”.  
    ADDITIONAL PROVISIONS
    18. Property viewings must be always available at the requested times of the estate agents during the hours of Monday to Saturday, 10.00hrs to 18.00hrs.
    Various trades must be allowed to enter the house to carry out general building and repairs at their earliest convenience.
    Should someone wish to purchase the property, the tenant must vacate the property within 8 weeks of the initial offer, however this can be negotiated between the vendors, and the purchasers of the property.
    CARE AND USE OF PROPERTY  
    19.    The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property.
    20.    The Parties will comply with standards of health, sanitation, fire, housing, and safety as required by law. 
    21.    At the expiration of the Term, the Tenant will quit and surrender the Property in as the state and condition as they were at the commencement of this Agreement, with reasonable wear and tear and reasonable damages by the elements excepted. 
     
     
     
     
    TERMINATION OF TENANCY
    The Landlord may terminate the tenancy by service on the Tenant of a notice pursuant to any ground provided under the Act. The Landlord may serve such notice either:  
    22.    to terminate the tenancy at its end date (e.g. a Section 21 notice to quit), 
    23.    to terminate the tenancy where the Tenant has broken or not performed any of his obligations under this Agreement (e.g. a Section 8 notice of seeking possession), or 
    24.    to terminate the tenancy for any other ground provided in the Act (e.g. landlord is seeking to live on the property again). 
     
    GENERAL PROVISIONS  
    25. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Agreement will not operate as a waiver of the Landlord's rights under this Agreement in respect of any subsequent defaults, breaches, or non-performance by the Tenant of its obligations in this Agreement and will not defeat or affect in any way the Landlord's rights in respect of any subsequent default or breach.  
    26. This Agreement will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors, and assignees, as the case may be, of each Party to this Agreement. All covenants are to be construed as conditions of this Agreement.  
     
    27. All sums payable by the Tenant to the Landlord pursuant to any provision of this Agreement will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.  
    28.Where there is more than one Tenant executing this Agreement, all Tenants are jointly and severally liable for each other's acts, omissions, and liabilities pursuant to this Agreement.  
    29.Locks may not be added or changed without the prior written agreement of both Parties, unless the changes are made in compliance with the Act.  
    30.Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.  
    31.This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.  
    33.This Agreement will constitute the entire agreement between the Parties.  
    33. During the days of this Agreement, the Landlord or the Landlord's agents will have the privilege of displaying the usual 'For Sale' or 'To Let' or 'Vacancy' signs on the Property and the Tenant agrees to allow the Landlord or its agents reasonable access to the Property at reasonable times for the purpose of displaying such signs upon the Property.
     






    It's the question of whether them wanting to auction the property is grounds to end our tenancy early.

    Again, much appreciated are all your responses.

  • mexican_dave
    mexican_dave Posts: 274 Forumite
    Name Dropper First Post
    tealady said:
    Would it be worth contacting your landlord and agreeing to surrender the tenancy. Ask for a good reference and an lump sum in exchange. That way it shows willing on your part.
    Oh and keep an eye on property auctions and if the house foes appear have a word with the auction house.
    The rules about property are changing that's why some landlords are getting out

    What tealady says here is interesting but needs to be approached with caution. In my option this landlord is arrogant and untrustworthy, don't move out on the promise of a good reference & cash, you might never see the latter. Any agreement to leave early must be in writing (e-mail should be OK) with specific reference to the payment in lieu of the 2-month notice period. Because of my lack of trust in LL at least half must be paid up-front, with bond being released in FULL within 24 hours of vacating. ALL this in writing too! You will need to manage this carefully, and have somewhere to go. If in doubt just sit it out.
    Must ask tealady what is meant by "have a word with the auction house" to say what, to expect what?This is unexplained.
  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,044 Forumite
    First Post First Anniversary Photogenic Name Dropper
    I would say that clause 18 is not enforceable.  You have a fixed term contract, if the landlord wanted to insert a break clause into the agreement then it would have to apply to both parties, it cannot just be one sided where the landlord can break the fixed term but you can't.  
  • RHemmings
    RHemmings Posts: 3,467 Forumite
    Name Dropper Combo Breaker First Post First Anniversary
    edited 7 February at 2:03PM
    I'm in the situation of having viewings in the rented property I'm living in. Initially there were a flurry of viewings, over ten I think, too soon. I rescinded permission to enter for viewings and asked them to be rearranged for this Friday onwards. The estate agents did. 

    After that I'm going to let them enter with their own keys. Most of my stuff will be gone, and there are too many viewings for me to be around for all of them.

    Going back to the thread proper, I like the suggestion of offering two two hour blocks on weekdays. The landlord has a right to enter the property and the tenant should not (in my understanding) refuse unreasonably. Giving four hours per week for viewings seems entirely reasonable to me. But, of course, what someone in a forum decides is reasonable and what a judge would decide is reasonable are not guaranteed to be the same. (This is a problem for many legal discussions on the internet.) 

    In previous discussions in this forum, it's been mentioned that tenants have rights, but unfortunately landlords have ways of getting back at tenants. E.g. issuing a S21 after repairs are enforced, giving bad references, etc. It's easy for me to say that in the OP's situation I would send an email to the landlord saying that I have taken advice on the TA and that in the case the landlord wishes me to leave the property to please make sure that a correct S21 is issued, and then I will be cooperative. But, I wouldn't want to be in the current rental market handicapped by a bad relationship with and reference from my previous landlord. 
  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,044 Forumite
    First Post First Anniversary Photogenic Name Dropper
    RHemmings said:
    I'm in the situation of having viewings in the rented property I'm living in. Initially there were a flurry of viewings, over ten I think, too soon. I rescinded permission to enter for viewings and asked them to be rearranged for this Friday onwards. The estate agents did. 

    After that I'm going to let them enter with their own keys. Most of my stuff will be gone, and there are too many viewings for me to be around for all of them.

    Going back to the thread proper, I like the suggestion of offering two two hour blocks on weekdays. The landlord has a right to enter the property and the tenant should not (in my understanding) refuse unreasonably. Giving four hours per week for viewings seems entirely reasonable to me. But, of course, what someone in a forum decides is reasonable and what a judge would decide is reasonable are not guaranteed to be the same. (This is a problem for many legal discussions on the internet.) 

    In previous discussions in this forum, it's been mentioned that tenants have rights, but unfortunately landlords have ways of getting back at tenants. E.g. issuing a S21 after repairs are enforced, giving bad references, etc. It's easy for me to say that in the OP's situation I would send an email to the landlord saying that I have taken advice on the TA and that in the case the landlord wishes me to leave the property to please make sure that a correct S21 is issued, and then I will be cooperative. But, I wouldn't want to be in the current rental market handicapped by a bad relationship with and reference from my previous landlord. 
    There’s a fixed term contract in place until 16th June 2024. The landlord couldn’t issue a valid section 21 right now even if he wanted to. 
  • tealady
    tealady Posts: 3,742 Forumite
    Name Dropper First Post First Anniversary Mortgage-free Glee!
    Mexican Dave I meant telling any auctioneer that the property is tented so hopefully that will be put in the particulars of sale.
    Find out who you are and do that on purpose (thanks to Owain Wyn Jones quoting Dolly Parton)
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