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  • FIRST POST
    • Sandu
    • By Sandu 16th Apr 18, 10:30 PM
    • 2Posts
    • 0Thanks
    Sandu
    Break Clause
    • #1
    • 16th Apr 18, 10:30 PM
    Break Clause 16th Apr 18 at 10:30 PM
    Hi there,
    I got stucked in deppest problem.
    I had completed 12 months stay and recently renewed my contract.
    My renewal agreement says all terms and conditions are referred to Previos contract but except break clause,unfortunatley we didn't notice this and signed the agreement for 1 more year.
    We vacated the property after giving 2 months notice,they demanded to pay 10% of rent for 10 months due to breach of contract we paid it.
    Now when it comes to safe deposit again they want to claim the rent loss as the new tenants are joining late.
    we can't afford such a huge loss of money at a time.
    The property is rented through agency .They are playing with us.Please kindly help us.
    Please suggest us what can we do.
Page 1
    • HampshireH
    • By HampshireH 16th Apr 18, 11:01 PM
    • 928 Posts
    • 1,030 Thanks
    HampshireH
    • #2
    • 16th Apr 18, 11:01 PM
    • #2
    • 16th Apr 18, 11:01 PM
    Did you get this early surrender in writing and in agreement?

    You can argue with the deposit scheme your deposit is held in if you are unhappy with the decision to withhold your deposit.
    • HampshireH
    • By HampshireH 16th Apr 18, 11:02 PM
    • 928 Posts
    • 1,030 Thanks
    HampshireH
    • #3
    • 16th Apr 18, 11:02 PM
    • #3
    • 16th Apr 18, 11:02 PM
    Perhaps enter dispute rather than argue. Don't argue with them it won't help
    • FBaby
    • By FBaby 17th Apr 18, 6:17 AM
    • 16,954 Posts
    • 41,831 Thanks
    FBaby
    • #4
    • 17th Apr 18, 6:17 AM
    • #4
    • 17th Apr 18, 6:17 AM
    You obviously entered some agreement that resulted in you agreeing to pay 10% of the rent. What was the exact term of this arrangement? You pay 10% of 10 months regardless of the place is rented again or your pay 10% and then monthly rent loss if new tenants don't move until X date?

    The first seems a bit generous as only a bit more than 1 month, the second though seems totally unfair. What is agree verbally or in writing. If the latter, was it a simple letter/email, or an contract addendum?
    • saajan_12
    • By saajan_12 17th Apr 18, 8:22 AM
    • 1,430 Posts
    • 1,044 Thanks
    saajan_12
    • #5
    • 17th Apr 18, 8:22 AM
    • #5
    • 17th Apr 18, 8:22 AM
    You agreement was to pay 12 months of rent, so the starting point is you owe a full 10 months rent. If you subsequently made a new overriding agreement to surrender early / pay 10% / something, please quote the terms of that. Your obligations for rent should be covered by that agreement.
    • Sandu
    • By Sandu 18th Apr 18, 4:22 PM
    • 2 Posts
    • 0 Thanks
    Sandu
    • #6
    • 18th Apr 18, 4:22 PM
    dispute will help?
    • #6
    • 18th Apr 18, 4:22 PM
    dispute will help ?
    I am ready to go for dispute but agency guys are threatening us they will go for dispute if we are not agree to pay for 25 days rent till the new tenant comes in.
    Please suggest me dispute people will do justice to me
    • FBaby
    • By FBaby 18th Apr 18, 4:55 PM
    • 16,954 Posts
    • 41,831 Thanks
    FBaby
    • #7
    • 18th Apr 18, 4:55 PM
    • #7
    • 18th Apr 18, 4:55 PM
    To dispute something you have to have evidence to show you are right. So as already asked, what did you sign/agree in writing in terms of arrangement to surrender early. Only this matters.
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