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Can a landlord refuse to let a tenant move?

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  • theartfullodger
    theartfullodger Posts: 15,713 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, we need EXACT wording of these clauses.

    But a tenant can move out whenever they like - e.g. on the 2nd day of a 3 year contract if they wish: But are likely to remain liable for rent and other bills.

    EXACT wording please.  Many landlords and agents get wording of break clauses wrong ...
    My break clause says “Term of rental 12 months but subject to a mutual break clause at 6 months from the commencement of the tenancy.”
    very woolly wording

    so you can leave at precisely 6 months from the start date?
    you cannot leave at anytime after 6 months?

    there is no reference to the notice period when exercising the break. If that wording is all its sys then literally it allows you , or the LL, to walk out without any forewarning on the 6th month date, but not 1 minute more or less either side of that date. 

    Court would never uphold that wording.
    Probably, depending a judge. 

    Classis example of how easy it is to get break clauses rong.

    Landlord no doubt knew what he meant, but what he meant ain't what was written...

    Doh!


  • pinkshoes
    pinkshoes Posts: 20,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    My break clause says “Term of rental 12 months but subject to a mutual break clause at 6 months from the commencement of the tenancy.”
    A mutual break clause?? Meaning... you both have to agree to it?!

    I suggest communication is the way forward here. Speak to your LL ASAP and let them know your circumstances. That way your LL can potentially start advertising for a new tenant.


    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • user1977
    user1977 Posts: 17,938 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    pinkshoes said:
    My break clause says “Term of rental 12 months but subject to a mutual break clause at 6 months from the commencement of the tenancy.”
    A mutual break clause?? Meaning... you both have to agree to it?

    No. See above. That would be absurd, the parties can agree a surrender whenever they want, it wouldn’t need a clause.
  • Grumpy_chap
    Grumpy_chap Posts: 18,323 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Hoenir said:
    user1977 said:
    "Mutual" here means either party can exercise it. It wouldn't make any sense if both parties had to agree, because they could do that any time they wanted anyway. 
    That's not my understanding of the word. 
    Your understanding is incorrect in this context.
    @user1977 is correct.
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