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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22385
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I currently have an assured short hold tenancy agreement with

Customer Question

I currently have an assured short hold tenancy agreement with my Landlord which seems extremely 'vague'. I need to leave my tenancy early and understand I need to give notice if not just just to be polite, although there seems to be nothing in the actual agreement itself which defines any of this.

As this was rented directly from the Landlord (Self Managed) although found through an agent, I signed a Terms of Business which related to the business between myself and the estate agent, and I assumed irrelevant to my agreement with the Landlord. This TOB does has some clauses in it with regards XXXXX XXXXX early but under this and in most places it state "For properties where the landlord self manages the tenancy you will need to discuss vacating early directly with the landlord. Contact details ..."

I can send you a copy of the agreement and TOB which was signed and would like the following question answered:

"Can I leave early and if so, how much notice and what responsibilities am I legally required to under UK Law, even though not stated in the agreement, if any?."

Many Thanks,
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Can we have agreement terms which apperar vague and as much detail as possible please? Thanks
Customer: replied 3 years ago.

The only part is the following with regards XXXXX XXXXX early, which is located on the front page of the document (cover sheet) and not placed or expressed in a clause.

Quote "

Assured Shorthold Tenancy Agreement

For letting an Unmanaged Residential Dwelling


Important Notes for the Tenants

- This tenancy agreement is a legal and binding contract and the Tenant is responsible for payment of the rent for the entire agreement term. The agreement may not be terminated early unless the agreement contains a

break clause, or written permission is obtained from the Landlord.

General Notes


" End Quote.

Then within the actual clauses (1.0 to 10.0), the only parts which covers Ending of the tenancy is C(3)(25), C(3)(30)-(33) and C(8)(3) as follows:


  • To pay the Landlord fully for any reasonable costs or damage suffered by the Landlord as a consequence of any breach of the agreements on the part of the Tenant in this Agreement.



  • To return the Property and Contents at the expiration of the tenancy in the same of clean state ... etc

  • To pay for any reasonable cleaning services that may be required to reinstate the Property to the same order that it was provided at ... etc

  • To leave the Contents at the end of the tenancy in approximately the same places... etc

  • To return the keys of the Property to the agent on the agreed termination date, or the end of the tenancy (whichever is sooner). The tenant also agrees to pay for any reasonable charges incurred but he Agent in securing the Property against re-entry where the keys are not returned.




  • Before the tenant can end this agreement one months written notice must be served by hand to the Property Stops offices on or before the last rent due date of the fixed term. If the contract has become periodic one months written notice must be servers int eh same manner on or before the rent due date.


Attached is the page within the Terms of Business between myself and the letting agent, although I assume this does not cover the agreement between me and the landlord. Excuse the large image.




Terms of Business



Expert:  Stuart J replied 3 years ago.

It seems quite specific to me.
There is no early termination date.

The agreement says "if there
is..." which there isnt, so it doesn't apply.

You are liable until the end
of the term or until the Landlord gets another tenant if you do move out

You do have to give 1 month
notice to leave even at end of term.

I appreciate that this is not
the answer you wanted but there is no point in me misleading you.

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Stuart J, Solicitor
Category: Law
Satisfied Customers: 22385
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Many Thanks for your answer.


I did have a feeling this would be the case which has been confirmed now; there is one minor thing which I suppose your experience can give an answer too more then anything.


In a contract or even a tenancy agreement say, the front page has the title of the document, general notes on and guidance on but does not constitute a clause within the contract.


Is that correct if the second page starts with (This Agreement is made...).


Again, thanks for your answer. Great help :)

Expert:  Stuart J replied 3 years ago.

Usually yes.

Definitions and headings are usually specifically excluded.

If there was a disgareement whether something was part or not the court would look at the intention of the agreemnent rather than the form.

The agreement starts at "This agreement" if properly drafted.

Look at recent long property lease to see what I mean. There are several pages before "This Lease.."

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