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Thank you for your response. My understanding is that the clause the requires me to pay 10% + VAT of the rent if I initiate early termination. In effect, if I need to terminate it after 12 months, I will still need to pay 10% (+VAT) of the rent for the remaining 24 months (the agreement is for 3 years). I wanted to remove the part following "in addition...", but they sent me an email instead. I am worried that the email will not be recognised as legally enforcable and in case of early termination I will still have to pay 10% of the rent, even thought I will not be using the property
Hi, I want to rent a flat but was not happy with one of the clauses of the tenancy agreement. However, the agency refused to take it out, instead they emailed me a confirmation that this clause does not apply to me. Would this email be sufficient to consider that clause invalid in case of a dispute? If so, should I sign the agreement?
Please see their response below:
"Following my conversation with you I can confirm the following clause does NOT apply to you: This is a fixed term tenancy agreement for the period specified . There is no provision for the Tenant/s or the Landlord/s to terminate the agreement before the expiration of the fixed period. In the event that both parties agree to vary this clause rent will be due up until the end of this agreement or when the Landlord or a new Tenant takes possession of the said property. In addition, if the request to vary this clause was at the request of the Tenant, the Tenant will reimburse the Landlord the letting commission (10% of the rent + vat) from the date of early termination until the date that this contract was originally due to expire. However you will need to give us two months’ notice in order for us to find new tenants for this particular property and once new tenants have signed up you will be released from this property without any further charge/fee. As mentioned I will need to get your final decision before 1pm today. Any questions or queries please call or email me."
Thanks a lot, for the response. They actually sent me a link to electronic document that cannot be changed, so I guess I will either ask the landlord to sign the email or add that text into the agreement, would this be something that you would recommend?