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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 26822
Experience:  Senior Partner at Berkson Wallace
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Sorry, what is the cost of using your services? london, no,

Customer Question

Hi - sorry, what is the cost of using your services?
JA: The answer cost depends on the issue and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit. What are you located? It matters because laws vary by location.
Customer: london
JA: Has anything been filed or reported?
Customer: no
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: It's about a tenancy break clause that I thought I could use and my landlord says does not apply
Submitted: 16 days ago.
Category: Property Law
Expert:  Stuart J replied 16 days ago.

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

Expert:  Stuart J replied 16 days ago.

What do you need to know about the tenancy break clause please?
also how long have you been a tenant?

Customer: replied 16 days ago.
Hi, I have been in my current property for almost 3 years now, the lease started on 19 august 2019. It was initially a 2 year lease and I got a 1 year extension in August 2021.
The situation is that I started a new job in France in March, and I wrote to my landlord in May to notify them that I would be leaving the property on 15 july 2022, instead of the end of lease date of 19 august 2022.
Customer: replied 16 days ago.
The wording of the break clause is as follows :
It is agreed that the Tenant has the right to terminate the Tenancy during any subsequent rental period that is “the Second Term” if the Tenant is required by his employer to carry out his employment at a location outside a 30 mile radius of the Property; or the Tenant is made redundant, or becomes seriously ill or incapacitated, the Tenant shall have the right to give two months’ notice in writing addressed to the Landlord to end this Agreement to the address shown in the Notices Section below. Notice may not take effect until after six months of the Tenancy has expired. Upon the expiry of this notice this Agreement that is the Tenancy Agreement, shall cease except that either the Tenant or the Landlord can pursue their legal remedies against the other for any breach of any rights that already exist under this Agreement.
Customer: replied 16 days ago.
My landlord replied to me that the break clause did not apply and therefore the end of lease will be maintained at 19 august. Their argument is that my employer did not ask me to relocate (as in a mobility within the same company) but this is me taking a new job in a new company and that does not apply in the break clause.
Customer: replied 16 days ago.
My question is whether my landlord is right and the break clause cannot be applied in this circumstance, or if I was right to use it and my end of tenancy desired date about 1 month before the initial end date can apply.
Customer: replied 16 days ago.
To be noted: "employer" in the break clause is not defined elsewhere in the tenancy agreement.
Expert:  Stuart J replied 16 days ago.

This kind of break clause is not uncommon and it applies in respect of existing employment, not the change of job. So the landlord is absolutely correct. Sorry.

However, you would have to give two months notice anyway which may be okay if you gave it mid may although strictly speaking it has to cover 2 calendar months and 2 rental periods so that may be as much as 3 months.

But the answer to your question is that the break clause doesn’t apply. Sorry.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Expert:  Stuart J replied 15 days ago.

Can I help you any further with this?

It's my pleasure to help. I’m glad that I was able to help so far.

Thank you for trusting Just Answer with your legal problem.

I'm happy to clarify anything which is outstanding.

Please don't hesitate to ask.

Kind regards

Stuart

Expert:  Stuart J replied 15 days ago.

Hello again.

If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart