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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Helen Hill Your Own Question
Helen Hill
Helen Hill, Lawyer
Category: Property Law
Satisfied Customers: 316
Experience:  LLB Law, Licensed Conveyancer and Probate Practitioner, Fellow of CILEx, Trust and Estates Practitioner (STEP)
102395076
Type Your Property Law Question Here...
Helen Hill is online now

Assistant: How can I help? Is this for tenants? Assistant:

Customer Question

Hello
Assistant: Hello. How can I help?
Customer: Is this for tenants?
Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: I have signed a new tenancy agreement for a fixed term of 1 year
Assistant: Where is the property located?
Customer: London
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Property Law
Expert:  Helen Hill replied 1 month ago.

Thank you for your question. Please could you kindly advise what information you need about your new tenancy agreement so that we can assist?

Customer: replied 1 month ago.
Basically I need to terminate it early and I was wondering if there are any grounds to do so before waiting for the break clause period
Expert:  Helen Hill replied 1 month ago.

Can you confirm that this is a commercial agreement? Are you able to scan a copy for review?

Customer: replied 1 month ago.
This is residential
Expert:  Helen Hill replied 1 month ago.

Unfortunately a residential tenancy for a fixed term cannot be terminated prior to the end of the break clause period. You could give notice to terminate it on that date, you wouldn't have to wait until the break clause date and then give further notice.

The best option would be to contact your landlord and see if they are prepared to negotiate your early release from the tenancy. If they are able to re-let the property quite easily they may be willing to do this.

I am sorry that this is probably not the answer you were hoping for but I hope it is useful.

Customer: replied 1 month ago.
That is useful thank you. Could you also confirm that I could be charged a reasonable early end of Tennancy agreement fee?
Customer: replied 1 month ago.
With the break clause, would the notice be included before it is up
Customer: replied 1 month ago.
I have a 6 month break clause and a 2 month notice period
Customer: replied 1 month ago.
So is that 6 months before I can leave or 8
Expert:  Helen Hill replied 1 month ago.

You can give notice at month 4 to terminate at the break point at month 6 so that you are giving the full 2 month's notice. Strictly speaking you are liable for the full rent for the period of the tenancy agreement as agreed at the outset but with the option to exercise the break clause. Any earlier than six months would have to be agreed by the landlord (called surrendering your tenancy) though they could enforce payment for the whole period.

Customer: replied 1 month ago.
But from the break clause they cannot?
Expert:  Helen Hill replied 1 month ago.

Not if you notify them that you wish to exercise the break clause and give them the requisite notice to do so.

Customer: replied 1 month ago.
Perfect thank you!
Expert:  Helen Hill replied 1 month ago.

You are most welcome. I would be very grateful if you could provide a rating for my assistance when prompted.

Customer: replied 1 month ago.
Of course