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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice.
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Im a landlord with AST of 12 months "fixed term" which will

Resolved Question:

I'm a landlord with AST of 12 months "fixed term" which will expire in 30 April 2015 with 2 months break clause. Additional clause at the back of the end of AST to confirm of this fixed term. Due to personal circumstances, I need to end the fixed term agreement early. Can I do this? If so, what steps need to be taken re: the tenants?

Many Thanks,
Greg
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.

wingrovebuyer :

What does the break clause say please?

Customer:

Break clause:

Customer:

"Both the Landlord and Tenants shall have the option that at any time they may serve two months notice in writing to terminate the lease subject only to such notice not reducing the minimum period as set out in Clause 1.9 above". CLAUSE 1.9: Initial term of tenancy will be 12 months. Expiry date to and including 30 April 2015".

Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

I have been asked to look at this.

In short, there isn't a break clause.

Are you able to find a replacement tenant?
Customer: replied 3 years ago.

Thanks. But, as a Landlord, I wish to terminate the lease asap. Are you saying that I will not be able to do so?

Expert:  Remus2004 replied 3 years ago.
Not if you are the landlord I'm afraid.

If you are the landlord then this contract locks you in for 12 months unless you can show S8 breaches.

S8 breaches are clear enough. You don't mention any here.

You don't mention what your personal circumstances are? If the property is one that you had ever lived in and you wish to return then you could rely on part 8 S1 to get back in but unless that is the case you do not have rights to remove the tenants.

Of course, the tenants might agree to moving. Often they do. It might be that they would want to be rleased too.

if not though, I'm afraid you are locked in.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Thanks, ***** ***** need to sell the house and my understanding from your answer is that such action is not possible until the expiry date, ie. 30 April 2015. If this is the case, from your past experience, is there anything the Landlord can do legally to terminate the lease earlier?

Expert:  Remus2004 replied 3 years ago.
Well, you can always persuade the tenant to go.

Its only if he resists that its not possible.

You can put the property on the market before he leaves though.
Customer: replied 3 years ago.

In your past experience, would you recommend financial incentive for the tenants to move out early? If so, how much would you recommend?


 


Thanks.

Expert:  Remus2004 replied 3 years ago.
You can certainly buy the tenant out. That is perfectly lawful.

It depends how much you need to sell. Obviously there will be cost in buying the tenant out and the amount depends entirely on the tenant I'm afraid.

Customer: replied 3 years ago.

Thanks for the response. Is there any calculation which will be considered as fair and justifiable to both parties, ie. tenants and landlord? For example, 2 months rents.


 

Customer: replied 3 years ago.
Relist: Answer came too late.
Expert:  Remus2004 replied 3 years ago.
Its not really an issue of fairness. Its an issue of what he will accept. What he considers acceptable comes down to his individual judgment.

If he refuses you can't force him ap it doesn't matter whether its fair or not.

The only way to be sure he will accept is to offer him more money than he would save by staying
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70198
Experience: Over 5 years in practice.
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