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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I want advise on how to write a termination letter to a lease agreement to a housing assoc

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I want advise on how to write a termination letter to a lease agreement to a housing association. My mother and I are joint owners of a property and have for last 9 years or so been renting our property to a housing association.
We renewed the lease earlier this year for another 3 years, but the current tenants caused fire damage through negligence in May. Our insurance will not pay out so we have to cover the cost of repairs ourselves. we are very unhappy with the way The Housing Association has handled the case as it took them 5 days to report the incident and did not advise us when they were going to make the property void and not pay the rent.
The housing association have voided the property and not paid rent for the last 4 months since June, and under the lease agreement there is clause that we can give notice to terminate if the property is void and no rent is paid for 3 consecutive months but we jut want to check that this is correct and how to word the termination?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is the exact wording please?
Customer: replied 1 year ago.

5. It is agreed by both parties:

5.1.2 IF the premises becomes void for three consecutive calendar months during the term with the result that no rent has been paid to the Landlord in accordance with the terms of this lease for such three consecutive calendar month period then the landlord shall be entitled to serve a notice on the tenant and this lease shall determine on the date fallen fourteen days after the date of receipt by the tenant of such notice provided always that where this lease determines in accordance with this clause then clause 5.11 shall not apply and the tenant shall have no liability to the landlord in respect of the state of repair and decoration of te premises nor shall the tenant be liable for any compensation to the landlord in respect of any damage to the premises.

Expert:  Ash replied 1 year ago.
So you just want to end the agreement, that's it? The association have not paid or it is empty?
Customer: replied 1 year ago.

We would like to end the agreement and take our property back so that we can either choose to sell, rent or live in the property as we haven't decided yet. The property is empty as the fire caused extensive damage in the kitchen so the tenants had to be moved by the housing association and then they made the property void and haven't paid any rent for last 4 months. We now trying to make the repairs that are needed.

Expert:  Ash replied 1 year ago.
Thank you. If that is the case then it would appear you can terminate.
You just need to write and say further to the agreement dated (xxxxx), as you know the recent fire caused extensive damage to the kitchen. The tenants have moved out and rent has not been paid for 4 months and as such the property is void.
In pursuant to clause 5.1.2 the property has been void for 3 months and you are given notice that we serve notice to end the contract.
Thats it! Can I clarify anything for you about this today please?
Alex
Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you very much for clarifying, it is very helpful advice.

Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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