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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 237
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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We are currently in private rented property and I have a

Resolved Question:

We are currently in private rented property and I have a query about our rental agreement clause relating to the termination of the agreement. Can you company help me with this and if so how do you charge for providing such advice please?
Regards
Alan Talbot
07469 703353
Submitted: 7 months ago.
Category: Law
Expert:  propertylawyer replied 7 months ago.

Hi Alan

I would be happy to assist.

Please can you let me have further details so that I can help you out.

Please let me know more about the agreement between you and the landlord and the issue with terminating the agreement.

Kind regards

Paul

Customer: replied 7 months ago.
This is the contract clause I am querying as we want to give 2 months notice now but it seems I am locked into this contract for another 12 months - do I have any other way of getting out of this situation please? Surrender of the tenancy5.5 Either party may terminate this agreement after 10 months by serving not less than TWO calendar months written notice, such notice must be served on the rent due date of the 10th month, resulting in a term of 12 months from the date of commencement of the term hereof. Should notice not be served by either party on this date then the contract will automatically be extended for a further 12 months thereon but without any prejudice to any antecedent breach of the terms hereof by either party. The next time TWO months notice can be served is at 22 months from the date of commencement of the term hereof.5.6 Strictly with the landlord’s or his agents prior written consent and subject to certain conditions that may include the landlord’s reasonable costs associated with the re-letting of the premises, the tenant might be allowed to surrender or give up this tenancy before it could otherwise lawfully be ended.5.7 Any notice to be given herein shall be deemed to be properly given if sent by Registered post or Recorded Delivery or by hand addressed, if given to WARREN POWELL-RICHARDS, on behalf of the Landlord AT 28B DOWNING STREET, FARNAHM, GU9 7PD, or if given to the Tenants, to them by name at the address of the Property and if so the Notice shall be deemed to have been served not later than the first working day following the day on which it was posted unless shown to the contrary.
Expert:  propertylawyer replied 7 months ago.

Hi Alan

I have to go into a meeting. I will respond as soon as my meeting is finished.

Customer: replied 7 months ago.
I'm going out now myself for a couple of hours so no problem waiting to hear from you till the afternoon Thanks
Expert:  propertylawyer replied 7 months ago.

Hi Alan

On the basis of the clauses you have provided you are contractually tied to the contract and can only terminate it as per the terms of clause 5.5.

The only option you have if you want to leave early is to advertise for a new tenant and introduce the new tenant to the landlord. If the landlord accepts the new tenant then your tenancy can be surrendered and a new one granted to the new tenant. Do note that the landlord does not have to agree.

I am afraid that you are tied to the contract. If you leave otherwise than in accordance with the terms of the tenancy you could be sued by the landlord for the rent due till the end of the tenancy. Although the landlord is under a duty to mitigate any loss.

I think trying to find a new tenant may be the only way forward, unless the landlord will accept a surrender which is unlikely.

I hope this is helpful.

Kind regards

Paul

Customer: replied 7 months ago.
You have confirmed what I feared. Is this common practice in your experience? Also when would you suggest I give notice to ensure I don't get trapped into this agreement any longer than the full 24 months please?RegardsAlan
Expert:  propertylawyer replied 7 months ago.

I have seen this done before. TheRe is nothing preventing the landlord from doing this.

The clause says notice must be served on the rent due date of month 10. You could serve earlier but start that it is to take effect from the rent due date in month 10, just work out the dated put that in rather than the rent due date etc. Therefore you could serve now and to take effect from the relevant date.

Serve notice by recorded delivery and follow it up by standard post or hand delivery.

I hope I have been of use.

Please take a moment to accept / rate.

Good luck.

propertylawyer, Solicitor
Category: Law
Satisfied Customers: 237
Experience: Property Solicitor with expertise in commercial and residential property transactions.
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