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Anthony Chendo
Anthony Chendo,
Category: Property Law
Satisfied Customers: 2814
Experience:  Solicitor at BLM
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I have been a tenant in a flat for 3 years, can I break my

Customer Question

I have been a tenant in a flat for 3 years, can I break my tenancy ahead of the agreed break clause?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I notified the landlord of notice to leave and requested to end early on the 31st of July instead of the contract terms of 31st of September
JA: Where is the flat located?
Customer: London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Am I just being connected on chat?
Submitted: 19 days ago.
Category: Property Law
Expert:  Anthony Chendo replied 19 days ago.

Hello

Welcome to JA.

I am sorry to hear about your situation.

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

You can surrender the tenancy agreement before the break clause. However the landlord will likely seek rent payment up until the breakclause date or end of the fixed term date. That said you can try to negotiate the asking price by perhaps offering your deposit or finding someone to replace you as a tenant in the property.

I hope I have clarified the position.

Thanks and stay safe.

Customer: replied 19 days ago.
Thank You that has already been offered by the landlord. I also wanted to check if this was accurate but my friend had said there could be options under civil law, which means I’d only need to give 2 months notice regardless of break date due to the length of time I’ve been in the tenancy?
Expert:  Anthony Chendo replied 19 days ago.

If there is a written agreement with a fixed term end date that has not passed then the principle your friend is alluding too is not applicable in this case.

I hope I have clarified the position.

Thanks

Customer: replied 19 days ago.
Thank You, ***** ***** as we resigned the lease in February 2021 with an update break clause for the 31st of September, but this was a continuation of the original agreement from 2018.Ok I have a further question, we resigned the lease in February 2021 with reduced rent and the updated break clause. However I forgot to change the standing order so we haven’t paid the reduced amount for Feb, Mar, Apr, May or June. Does that mean we could claim the new contract hasn’t been fulfilled and so void maybe?
Expert:  Anthony Chendo replied 19 days ago.

Unfortunately your agreement I not void due to non payment in the circumstances described.

The link below gives further guidance on how to terminate your contract earlier than the fixed term period

https://england.shelter.org.uk/housing_advice/private_renting/how_to_end_a_fixed_term_tenancy_early

I hope I have clarified the position.

Thanks and stay safe.