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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 1944
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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There, I have recently entered into a 1 year tenancy

Customer Question

Hi There,
I have recently entered into a 1 year tenancy agreement with a "break clause" at 6 months. The property was known to have exposure to traffic noise exposure but I expected I would get used to it.
Unfortunately, after one months it turned out that I am adjusting to the noise much slower than expected and would prefer to use the break clause. Of course, I read the contract before signing and discussing the matters with the agent, I was told that I could end the tenancy "freely" if the notice would be served in the right way at the right time.
However, re-reading the contract I have a paragraph stipulating that:
"In the event of the Property being vacated by the Tenant before the end of the Term, the Tenant agrees to pay a proportional cost of re-letting the property and any loss of rent incurred by the Landlord as a result of the Tenant’s actions."
So my question is, would I need to make any payment/allow deductions of deposit, if I terminated the contract sooner than 1 year (earliest opportunity is 6 months)?
Happy to share the full contract if needed.
Submitted: 9 months ago.
Category: Law
Expert:  Harris replied 9 months ago.
Hi, thank you for your question. The contract itself only allows you to end the tenancy after six months due to the break-clause, although it can be ended earlier than this if the landlord agrees - and the landlord is likely to charge you the rent to the break clause (so 5 months) and the costs of re-letting.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Customer: replied 9 months ago.
Sorry, may be I was not entirely clear.I can take the noise short term so I would stay for the period of first six month (not earlier) but I hope to move to another property at that point. So if I serve the right notice and pay the 6 months rent, would the landlord be right to charge me the (proportionate) cost of re-letting and some loss of rent? I have become fairly worried that I may lose most of my deposit just because I end the contract using the break clause.In other words, is "vacating the property early" and ending the contract using the break clause are the same thing in this care or not?
Expert:  Harris replied 9 months ago.
Ah, I see - the break clause would not be vacating the property early as the provision to end the agreement after 6 months is in the contract. I would imagine that the landlord has included the paragraph regarding vacation of the property in the event that you left prior to 6 months or without exercising the break clause properly (if there are conditions to the break clause).
Customer: replied 9 months ago.
Thanks, ***** ***** reassuring.One final detail and then I will be satisfied with the answer. In my understanding the below paragraph serves as the "break clause":"2.5 Ending the Tenancy
2.5.1 If the Tenant intends to vacate at the end of the fixed term, or at any later date, he agrees to give the Landlord at least two months prior Notice in writing. The Tenant may determine this agreement by giving two months notice in writing to the Landlord to take effect from the Rent due date. Such notice cannot expire earlier than the six month after the commencement date of this agreement."Reading the precise wording of the above, do you still maintain your original answer? In simple words, is this a "proper break close" that allows me to end the tenancy and move on without the charges resulting from "the tenant vacating the property early"?
Expert:  Harris replied 9 months ago.
Is that all there is in the agreement - is there no specific reference to a break clause? Just that would would not serve as a break clause and is only outlining your notice period to end the tenancy.If this is all that there is in the agreement, then the landlord will likely be entitled to charge you for the remaining time on the fix term under what has been outlined in the early vacation paragraph.
Customer: replied 9 months ago.
So with reference to the third sentence in the quoted paragraph, if I end the tenancy with the right notice expiring at six month, I imagine I would lose most of my deposit if not all. But your answer also sounds as if the landlord could charge me for a further 5 and half months (rough calculation) and even take me to court to recover that?Sounds like I should attempt to seek some kind of a mutual agreement.
Expert:  Harris replied 9 months ago.
Yes he would be able to pursue the rent for 5 months as this is not a break clause. The best way forward would be to attempt to seek an early end to the tenancy by agreement
Harris, Law Specialist
Category: Law
Satisfied Customers: 1944
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Harris,apologies, I am a bit embarrassed to write again but doing a basic internet research I am finding sample "Break clauses" that appear to have very similar wording to my contract which lead me to believe that my right to end the tenancy could be effectively a "break clause".So re-inserting the above paragraph, but breaking it up a bit more (as probably only the last two sentences are important):"2.5 Ending the Tenancy
2.5.1 If the Tenant intends to vacate at the end of the fixed term, or at any later date, he agrees to give the Landlord at least two months prior Notice in writing.The Tenant may determine this agreement by giving two months notice in writing to the Landlord to take effect from the Rent due date. Such notice cannot expire earlier than the six month after the commencement date of this agreement."What would be the proper wording of a "break clause"?
Expert:  Harris replied 9 months ago.
No worries at all. Having considered it further, what you are able to do under the terms of the tenancy is to serve notice at just before 4 months in writing to the landlord and for the notice to expire at the six month rent due date. However, due to there being the further clause in relation to costs and loss of rent, the landlord may pursue you for the remaining six months rent. I would suggest that if this does happen then you can raise the issue of unfairness. The wording of the tenancy is not what would usually be expected as break clauses usually have a clear paragraph stating that both landlord and tenant have the ability to end the agreement after 6 months and list conditions if a break is exercised. I hope this clarifies your question further.

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