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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7620
Experience:  UK solicitor holding an England and Wales practising Certificate.
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I have an assured shorthold tenancy agreement for a rental

Resolved Question:

I have an assured shorthold tenancy agreement for a rental property.
The first 6 months rent was paid in one payment
The lease covers a three year period but the letting agent said this was not compulsory
On the final page of the agreement I have noticed the final paragraph under SPECIAL TENANCY CONDITIONS.
It states:
it is hereby agreed between the parties that should either the landlord or the tenant wish to terminate the tenancy in accordance with the conditions of the agreement prior to the expiry of the fixed term, the landlord agrees to refund any overpaid rent to the tenant on a pro rata basis.
That reads to me that the tenancy can be cancelled at any time without notice. The letting agent denies this and says it is a fixed term for 3 years.
can you clarify ?
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.

Hi,

Does the tenancy contain a break clause anywhere else in it which states that the landlord or tenant can terminate the lease earlier than the fixed term by serving notice?

Tom

Customer: replied 1 year ago.
Strictly with the Landlord's or his Agent's prior consent and subject to certyain conditions that may include the Landlords reasonable costs with reletting the property, the tenant may be allowed to surrender the tenancy agrement before it could otherwise be lawfully ended.Should the fixed term of the tenancy not be execute the tenant will give one month's notice in accordance with the period of the tenancy, and ensure all utilities are not discharged until the end of the notice period
Expert:  Thomas replied 1 year ago.

Hi,

Are you certain that you have typed the following extract correctly (if not please retype a corrected version):

"Should the fixed term of the tenancy not be execute the tenant will give one month's notice in accordance with the period of the tenancy, and ensure all utilities are not discharged until the end of the notice period"

Kind regards

Tom

Customer: replied 1 year ago.
for execute, read executed
Customer: replied 1 year ago.
this is under a heading SECURITY & INSURANCE
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

The extracts that you have typed do not amount to a break clause allowing a party (whether landlord or tenant) to terminate the lease earlier than the fixed term.

The original extract in your question seems to refer to the ability to terminate the tenant earlier than the fixed term elsewhere in the tenancy, but it does not itself constitute a break clause.

So, unless there is a clear break clause anywhere else in the tenancy which you have missed then the tenancy cannot be terminated any earlier than the fixed term.

The original extract deals with a refund IF the tenancy is terminate earlier than the fixed term “in accordance with the agreement”. If the tenancy does not contain a break clause then the extract is redundant, because it does not in and of itself give the right to either party to terminate the tenancy earlier than the fixed term.

Slightly sloppy drafting, but no more than that.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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