How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 5601
Experience:  Solicitor
96104960
Type Your Property Law Question Here...
Jamie-Law is online now

I am having a dispute with my landlord regarding the break

Resolved Question:

I am having a dispute with my landlord regarding the break clause in my lease, and trying to understand if I have provided enough evidence as per the clause or if I have in fact no ability to break the lease using that clause based on current situation.
Assistant: Where are you located? It matters because laws vary by location.
Customer: London, Chiswick specifically.
Assistant: Has anything been filed or reported?
Customer: I have filed my notice, but other than that not that i'm aware of
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: This is the break clause in question: The Landlord agrees that should the Tenant be required by their Employer, as at the commencement of this tenancy, to
permanently work from another office more than 30 miles from the site the Tenant worked from at the time he/she took up
residence at the premises then the Tenant shall have the right to bring the tenancy to an end at any time before the expiry
of the term (but no earlier than eighteen months from the commencement date of this agreement), by the giving not less
than two months written notice and upon the expiration of such notice at any time this agreement and everything herein
contained shall cease and be void, subject nevertheless to the right of the parties hereto in respect of any previous or
pre-existing breach of any of the covenants herein contained. In order to exercise and validate this clause the Tenant will
be required to provide to the Landlord or Landlords Agent written confirmation from their Employer of such relocation at the
point in which the break clause is to commence.
Submitted: 29 days ago.
Category: Property Law
Expert:  Jamie-Law replied 27 days ago.

Hello my name is ***** ***** I will help you with this.

Why is it disputed?

Customer: replied 27 days ago.
Hi Jamie,The break clause in the lease is as follows:The Landlord agrees that should the Tenant be required by their Employer, as at the commencement of this tenancy, to
permanently work from another office more than 30 miles from the site the Tenant worked from at the time he/she took up
residence at the premises then the Tenant shall have the right to bring the tenancy to an end at any time before the expiry
of the term (but no earlier than eighteen months from the commencement date of this agreement), by the giving not less
than two months written notice and upon the expiration of such notice at any time this agreement and everything herein
contained shall cease and be void, subject nevertheless to the right of the parties hereto in respect of any previous or
pre-existing breach of any of the covenants herein contained. In order to exercise and validate this clause the Tenant will
be required to provide to the Landlord or Landlords Agent written confirmation from their Employer of such relocation at the
point in which the break clause is to commence.On 29 October we notified the landlord, in writing, that we intended to use this clause and end our lease on 29 December. We provided with this notification a letter from a new employer indicating that they were relocating us out of the UK. On 30 October we received a notification from the Landlord's agent that they wish to view the property to begin marketing it so that the Landlord could get tenants in as quickly as possible. At which point we thought that this was all complete in particular because the following week we had a number of viewings and a series of marketing photos/floorplan mapping completed by the agent. In the course of these viewings an offer was made on the property that was declined either by the landlord or the potential tenant.On Monday 13 November the Landlords' agent made contact to inform us that the break clause could not be processed because the terms of the clause state that it must be the same employer as at the time the lease was signed.After some back and forth to try and resolve this we provided a second letter, from the employer of record at the time of lease signing, that stated that my employment was being terminated on 24 November and as I am on a sponsored Visa I will be required to leave the UK as soon as possible after that date. The landlord then responded again that this was not sufficient evidence to break the lease using this clause.What we're trying to figure out is if the landlord's reading of the clause is correct, or if the evidence provided should be sufficient to execute the clause.
Expert:  Jamie-Law replied 27 days ago.

So are you moving to a new employer?
Or is it an existing employer who is moving you?

Customer: replied 27 days ago.
Moving to a new employer.
Expert:  Jamie-Law replied 27 days ago.

Then sadly I am with the agent. If your existing employer had moved you then you would be ok. You would be able to break it.

But its within your control that you are moving, ie its your choice to change employer.

The clause says: "The Landlord agrees that should the Tenant be required by their Employer, as at the commencement of this tenancy, to permanently work from another office more than 30 miles from the site the Tenant worked from at the time he/she took up"

You are not required by your employer. You are moving. So no requirement which means you cant use the clause.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 27 days ago.
Appreciate the honesty, we really just wanted an uninterested third party review to ensure that what we’re being told is correct.Thank you for the review.
Expert:  Jamie-Law replied 27 days ago.

Yes of course. Im sorry.