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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2100
Experience:  Solicitor at BLM
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I am looking for legal advise on terminating my tenancy

Customer Question

Hi, I am looking for legal advise on terminating my tenancy which is under renewal period.
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: None
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I signed a 2 year tenancy contract in July 2017 and signed a renewal contract for the period July 2019 to July 2021. The original contract included a clause that said there is a 12 month break clause and either party can give a 2 month notice. The renewal agreement was silent on break clause and just mentioned the tenor of 2 years. But the renewal agreement includes the language that all other terms and conditions of original agreement shall remain in full force and effect. I want to terminate the tenancy now.
Submitted: 13 days ago.
Category: Law
Expert:  Anthony Chendo replied 13 days ago.

Hello

Welcome to JA.

Please note that this is not a chat service therefore you may experience delays but rest assured that I will respond within 24 hours.

Based on the information provided i believe the key information which i believe gives you right to break the lease now is the fact the new agreement states all other terms and conditions of the original agreement shall remain in full force.

Therefore before you break the tenancy I suggest you confirm this position with the landlord by sending him a copy of the agreement and also your intention to break the lease pursuant to the break clause that exists. Further you may wish to remind the landlord that the court's approach when terms in contracts are ambiguous it is usually interpreted in the Consumer/tenants's favour.

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

Thanks and stay safe

Customer: replied 13 days ago.
Thank you. Landlord is represented through a tenant agency. the Agency is telling me that as there is no break clause mentioned/negotiated at the time of the renewal and we asked for 2 year extension, we cannot exercise the break clause and give notice to termination.
Expert:  Anthony Chendo replied 13 days ago.

Hi

I suggest this is one you should consider filing a complaint to the agency's independent adjudicator which may be the property redress scheme or housing ombudsman. The agency will likely have the precise information so please ask them.

My view is this is not a new agreement but an extension of the old agreement given the only thing changed is the fixed term period.