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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 537
Experience:  Solicitor at BLM
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I am tenant. Assistant: Where are you? It matters because

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I am tenant.
Assistant: Where are you? It matters because laws vary by location.
Customer: catford
Assistant: What steps have you taken so far?
Customer: Just gave 3 month notice
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I have a got fixed term contract for two years.

Hello

Welcome to JA.

How can I help you today?

Customer: replied 10 days ago.
I am a tenant. Got fixed term contract .contact started feb 14 2019-end feb 2021

We gave 3 month notice on sep 9th of dec
We supposed to be vacating on 8/12/2019

Land lord is telling us we can’t just vacate by giving 3 month notice based on the contractual agreement clause

On agreement page one says

Once commenced the fixed term AST agreement cannot be cancelled and the tanant will be liable for full and to the complete of the tenancy period.

Section 2:0F of the agreement as below.

agreement can only terminated early by mutual agreement between the parties subject to clauses and conditions relating to suitable alternative tenant found.

Landlord is telling me I can’t terminate unless otherwise I find an alternative tenant based on section 2:0F/ 18:13/7:2

I will send you the pictures of 18:13 - 7:0-7:4

Based on my agreement are we liable to find an alternative tenant + should give 3 months notice as well ?
Customer: replied 10 days ago.
Ending the terms of the agreement

Thanks for the information.

Having reviewed the documents, given you wish to end the tenancy before the agreed end date and in the absence of a break clause unfortunately you will be responsible for the rent until the end of the tenancy or if new tenants are found by you or the landlord.

However there are ways to persuade your landlord to consider not pursuing you for the full rent. Before I proceed to mention these points do you understand what I have stated so far if not please let me know.

 

Customer: replied 10 days ago.
You mean to say I don’t have a break clause ?

From the information provided there is no break clause. However you can still consider negotiating your way out of the tenancy. I can suggest some ways to persuade the landlord to reduce his asking price

Customer: replied 10 days ago.
7:0- 7:03 what does it say

I have reviewed it the condition on this clause is if you want to leave early you have to find a new tenant and pay for all fees and costs notes within the agreement.

However if you wish to leave the agreement early without finding a new tenant you can still do so but you will likely be liable for the rent until the end of the tenancy.

That said you can perhaps try to persuade the lanldord to reduce the contract demands by perhaps

Saying to him he can keep your deposit

You pay rent until he finds a new tenant.

If he has not fufilled his repairing obligations in the property when you were a tenant or he has not protected your deposit you can use this breach of the law as a bargaining tool to reduce his asking price to leave the contract early.

 

Do you understand what I have stated if not please let me know

Customer: replied 10 days ago.
Simly you mean to say I don’t have a break clause in this agreement

What's your definition and interpretation of a break clause so I can answer your question properly?

Customer: replied 10 days ago.
This is government model agreement: 7:0-7:01 exactly same. On there guidance note clearly it’s say tenant break clause

Ah I see what you mean.

The landlord tenancy agreement which I assume is clause 7.01 to 7.03 permits you to end the tenancy early under the strict condition you fpay all related fees. Further you mentioned the landlord said you have to find a new tenant too.So it's not really a break clause like the document you just attached. The document attached seems to suggest that after you give 3 months notice you leave the property.

That said if there are no terms within the lease which compels you to find a new tenant before you leave then it is something I suggest you challenge. Further I suggest you also challenge the reasonable fees the landlord may charge too for putting a new tenant in the property too as you will need proof the fee charged are the going rate and not an arbitrary amount plucked from the sky

Customer: replied 10 days ago.
7:0- says the tenant cannot normally end the agreement, subject to clause 7:1 the tenant may end this tenancy before the the tenancy end date specified in clause 2:0F by giving 3 month notice.

7:1 the tenant cannot give notice under 7:0 with in the first 3 months.

7:2 on the such expiry of such notice provided tenant pays to the landlords the reasonable expenses reasonably incurred.

I know I am liable to pay for the expenses to find an alternative tenant.

Given the contractual agreement I suggest you notify the landlord to point out within the agreement which COMPELS you to find a new tenant before you leave. In the event he does not respond you can consider filling a complaint with the housing ombudsman or local council regarding the landlord's conduct.

I hope I have clarified the position if not please let me know

Customer: replied 10 days ago.
In 7:2 I just noticed . It’s says
On the expiry of such notice provided that the tenant pays landlord reasonable expenses reasonably incurred ( including the agenents tenancy location charges, right to rent check charges, tenant reference application charges and payment of rent guarantee insurance premium for new tenant) BY THE LANDLORD IN GRANTING the necessary approval and in granting any new tenancy to the alternative tenant, the tenancy may end.

What does that part say - by the landlord in granting the necessary approval

Given this is a new query please rate the assistance in respect of the first query by clicking on the 5 stars button at the top of your screen. Once rated I will review your second question and respond at no further costs. Further please do not open a new question once you have rated the assistance as I will respond on this post.

Anthony Chendo and 4 other Law Specialists are ready to help you

Thanks for the rating I will review the agreement again and return to you.

My interpretation of the part in question is the Landlord has to approve the new tenant after carrying out the necessary financial and background checks which I assume you went through before you became a tenant.

Customer: replied 10 days ago.
That’s mean I am only liable to pay the expenses incurred to find an alternative tenant. It doesn’t mean tenancy will get end after this procedure itself
Customer: replied 10 days ago.
That’s my last question
Customer: replied 10 days ago.
Thank you answering my questions patiently so far. Sorry for being a pain.

No problem