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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7473
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I have the following problem: my flatmate and I jointly signed

Customer Question

I have the following problem: my flatmate and I jointly signed a tenancy agreement for a flat in London with a 12 months minimum lease and a business break clause. The one contact contains both or names. My flatmate will now need to relocate for business reasons or of the UK. Therefore we want to end the tenancy with reference to the business break clause and both leave the apartment. When we called the landlords agent today, he told us that we could only trigger the break clause and both exit the tenancy agreement if the two of us would relocate. Currently we are working for the same firm. Or understanding of the clause is a different one and we would appreciate your advice. The business break clause says:
"If at any time after the first four months of the commencement of the tenancy the Tenant should be relocated internationally by his employer the Tenant shall have the right to terminate his agreement by giving the Landlord not less than two months notice in writing after which the tenancy will be determined absolutely but without prejudice to the claim of either party against the other in respect of any antecedent breach of non observance of the provisions of the Agreement."
 
We are both listed as tenants under this one contract.
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your patience.

I’m afraid to say that I have to concur with the landlord. This is on the basis that I presume that “Tenant” is defined as being both of you, in that both your names will appear in the definition of “Tenant”.

The break clause states that if the “Tenant should be relocated” this implies that both must be relocated by virtue of using the definition of “Tenant”. If it was intended that you would be able to use the break clause if one of you were relocated then I would have used your personal names separated by “or” in substitution for the word “Tenant”.

I have to say that I would not be minded to dispute this with the landlord and instead seek to negotiate a surrender of the tenancy for a settlement fee or by finding a suitable replacement tenant which the landlord is under a duty not to unreasonably refuse.

I am sorry that I could not have better news for you.

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Kind regards,


Tom
Expert:  Thomas replied 3 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom
Expert:  Thomas replied 3 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on your position. Please remember to rate my answer, if you are satisfied.

Kind regards,


Tom

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