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Harris, Law Specialist
Category: Law
Satisfied Customers: 2740
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Student Tennancy. Assures Shorthand Tennancy Agreement Term

Resolved Question:

Student Tennancy.
Assures Shorthand Tennancy Agreement Term Certain
01/09/2015 until 31/08/2016
On section 1 Landlord it states
The agreement may be brought to an end (but not earlier than the expiry of the term certain)
However Section 2 Tennancy Conditions it states
If the tennant pulls out of the tennancy, a claim of payment of one months rent forfeited and a charge of £250 to assist finding a replacement Tennant.
Is the above under tennant conditions a break clause? Can I get out of this tennancy?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
You will need to check the rest of the tenancy to see if there is a break clause (eg. after six months you can end the tenancy early) which will also specify the notice period you need to give, otherwise you will need the landlord's agreement to end the tenancy early and you will be liable for the payment in Section 2 of the tenancy.
If there is a break clause you should make sure all correspondence is in writing.
Please let me know if you have any further questions about this.
Customer: replied 1 year ago.
The question I asked has not been answered.
Expert:  Harris replied 1 year ago.
The Section 2 Condition is not a break clause. It only gives rise to penalties if there is agreement for an early break with the landlord.
You need to check the rest of the tenancy to see if there is anything else included.
Customer: replied 1 year ago.
Nothing else is included, these are the only two points ie term certain and if the tenant pulls out. Everything else is about the upkeep of the room and house in general. It states about noise levels and that the tenants have to keep mouse levels to a minimum in the early hours. The other tenants did not and have woken me at 3am, 4am and 5am almost daily. This has affected my studies and made me very poorly. I have spoken to them but they still do not respect requests. I have spoken to the letting agents and they have done nothing. The accommodation is not fit for purpose because of this.
Expert:  Harris replied 1 year ago.
Have you tried contacting the landlord directly regarding these issues?
Customer: replied 1 year ago.
I have been refused on several occasions by the office staff.
I have written a letter directly to the landlord today and personally delivered it in a sealed envelope to the letting office. I have been told that he is on holiday for a week from today.
Expert:  Harris replied 1 year ago.
Thanks - under S1 of the Landlord and Tenant Act 1985 the agents are legally obligated to provide the landlords details to you within 21 days of your written request. If they continue to refuse to provide these details you need to speak to a housing officer at your local authority as it is a criminal offence for them not to provide the landlord's details.
Customer: replied 1 year ago.
Thank you, ***** ***** address is stated on the agreement. However, this is the address of the letting office., which is where I have delivered the letter and only for the attention of the landlord. The next 3 months rent is payable on the 1st February, so you can see I am trying to resolve this situation before then. Not a lot of time left!!
Expert:  Harris replied 1 year ago.
The agents are obviously not the landlord and they should be giving you his or her details.
Hope it goes well. If you found my assistance helpful please rate positively as I will not be credited for answering this question without a positive rating.
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you.